Deakin and Morris' Labour Law

7. Auflage 2021
ISBN: 978-1-5099-4354-8
Verlag: Bloomsbury Publishing PLC

Buch, Englisch, 1320 Seiten, Paperback, Format (B × H): 243 mm x 176 mm, Gewicht: 1682 g

Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market.

The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action.

The seventh edition of Deakin and Morris' Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.

This title is included in Bloomsbury Professional's Employment Law online service.

Autoren/Hrsg.

Barnard, Catherine

Adams, Zoe

Fraser Butlin, Sarah

Deakin, Simon

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Introduction: History, Sources, and Institutions of Labour Law

Labour Law: The Scope and Nature of the Subject

Historical Development

Sources of Labour Law

Institutions of Labour Law

2. The Employment Relationship

Introduction

Contract or Status?

The Hiring Process

Identifying Dependent Labour

Quasi-dependent Labour

Public Sector Employment

Continuity of Employment, Qualifying Thresholds, and Equality of Treatment for Fixed-term, Part-time and Agency Workers

Identifying the Employer

Transfers of Undertakings

Assessment

3. Terms of Employment and Working Conditions

Introduction

Sources of Contractual Terms and Conditions

Written Notification of Terms

Construction, Incorporation and Variation of Terms

Payment of Wages and Salaries

Working Time

Health and Safety and the Working Environment

Duties of Obedience, Co-operation and Care

Duties of Fidelity, Confidentiality and Privacy

Income Security: Sick Pay and Lay-off

Assessment

4. Discipline and Termination of Employment
Introduction

Theoretical Underpinnings of Dismissal Protection

Wrongful Dismissal

Unfair Dismissal: Scope of Protection

Fairness of Dismissal

Remedies for Unfair Dismissal

Economic Dismissals

Assessment

5. Equality in Employment

Introduction

The Origins and Historical Development of Equality Law

The Meaning of Equality

Protected Characteristics

Discrimination and Related Forms of Prohibited Conduct

Exceptions and Defences

Work-Life Balance Legislation

Disability Discrimination

Discrimination in Relation to Employment: Issues of Scope

Enforcement

Positive Action

Equal Pay

Assessment

6. Collective Organisation and Freedom of Association
Introduction

The Rationale and Role of Collective Organisation

International Standards Relating to Collective Organisation

Legal Policy Relating to Collective Organisation

Basic Definitions and Concepts

Protection of Trade Union Membership and Activities in Relation to Employers

Facilities for Trade Union Representatives and Trade Union Activities

Union Membership and Deductions from Workers' Pay
Assessment: The Changing Role of Trade Unions in Contemporary Society

7. Collective Bargaining, Trade Union Recognition, and Statutory Information and Consultation Rights

Introduction

Collective Bargaining and Union Recognition

Statutory Rights of Information and Consultation

Employee Involvement at Transnational Level

Assessment

8. Trade Unions and their Members

Introduction

The Contract of Membership

Statutory Rights: An Overview

Rights Relating to Union Membership and Discipline

Trade Union Elections

Trade Union Expenditure for Political Purposes

Assessment

9. Industrial Action

Introduction

Industrial Action: Role, Rationale and International Standards

Legal Policy Relating to Industrial Action: An Overview

Liability in Tort

The Liability of Trade Unions

The Scope of Statutory Immunity

Industrial Action Ballots and Notice to Employers

Civil Law Remedies

Industrial Action and EU Law

Picketing

'Essential Services' and Emergency Powers

Industrial Action and Contractual Rights

Industrial Action and Individual Employment Rights

Industrial Action and the Rights of Union Members

Über Autor(innen)

Deakin, Simon
Simon Deakin is Professor of Law and Fellow of Peterhouse, University of Cambridge.

Photograph courtesy of University of Cambridge.

Fraser Butlin, Sarah
Sarah Fraser Butlin KC is Fellow at Selwyn College, University of Cambridge, and Barrister, Cloisters, UK.

Adams, Zoe
Zoe Adams is Junior Research Fellow and Assistant Admissions Tutor at King's College Cambridge, and Affiliated Lecturer in Law at the University of Cambridge, UK. She has a BA from Pembroke College, Cambridge, an LLM from the European University Institute in Florence, and a PhD from Pembroke College Cambridge. Her academic interests lie primarily in the realm of labour law, tort law, legal methodology, social ontology, and law and economics. Her current research explores the role of law, and labour law, in the context of capitalism, with a particular focus on the relationship between law and inequality. She was awarded the Yorke Prize for her PhD thesis, A Social Ontology of the Wage. Zoe also teaches tort law, labour law, and law and economics.

Barnard, Catherine
Catherine Barnard is Professor of EU Law and Labour Law, University of Cambridge, and Fellow of Trinity College, UK.

Zoe Adams is Junior Research Fellow at King's College Cambridge, UK.
Catherine Barnard is Professor of European Union and Labour Law at the University of Cambridge, UK.
Simon Deakin is Professor of Law and Fellow of Peterhouse, University of Cambridge, UK.
Sarah Fraser Butlin is a practising barrister at Cloisters Chambers and Affiliated Lecturer with the Law Faculty, University of Cambridge, UK.