Key Cases is the essential companion for anyone studying undergraduate law, including LLB, ILEX and post-graduate conversion courses.
Key Cases breaks down the case law into recognisable and memorable elements, including the key facts, key law, key principles, key judgments, key comments and key problems as appropriate in each case. Diagrams that summarise the key points are included at the start of each chapter.
New to these editions is an improved text design making the books easier read and the facts easier to retain.
Key Cases books are supported by the website www.unlockingthelaw.co.uk where you will find extensive revision materials.

This book examines how businesses manage their labour systems, and particularly how they manage the complex interaction of factors which give rise to instances of 'partnership' style relations between businesses and their employees. The book draws from the literature concerning 'Varieties of Capitalism' (VoC) and the different institutional and regulatory designs inherent in different types of political economy. The book is informed by a new and extensive set of empirical data from Australia that examines the activities of national and multinational business corporations, their outlooks and relationships with stakeholders, and relates these to new and evolving theoretical frameworks based in political economy and law. The book places the Australian regulatory model within this international debate, and assesses the extent to which the system does or does not fit into the general categorisation created in the VoC literature.

Safety professionals communicate, directly and indirectly with a large number of employees and others on a daily basis. While not lawyers, they regularly deal with legal issues. A subset of their responsibilities includes how to discuss safety without crossing the discriminatory line. To do this, they need an understanding of discrimination laws. Discrimination Law Issues for the Safety Professional gives them exactly that. It provides general knowledge of the laws and regulations that offer protection to employees and individuals against discrimination in the workplace.

Created by safety expert Thomas Schneid, specifically for safety professionals, the book takes a proactive approach to identifying situations where potential discrimination against an employee or individual may occur, and supplies guidance on how to take immediate action to address the potential discriminatory situation. Schneid also identifies "red flag" situations where potential discrimination against an employee or individual may surface and safety professionals should proceed with caution. Once they can recognize these red flags, they can take immediate action to address the potential discriminatory situation.

Although many texts address discrimination in the workplace, very few, if any, educate individuals and employers on how to prevent" "acts and omissions in the workplace that can result in discrimination from a safety perspective. With the multitude of laws and regulations addressing the prohibition of discrimination in the workplace, often legal actions result from individuals and employers simply not being knowledgeable in the requirements of the law. Written in clear, plain language, not legalese or business speak, this book delineates the procedures that safety professionals need to know in the area of labor, employment, and other laws impacting the safety function.

Key Facts is the essential revision series for anyone studying law. This informative third edition of Employment Law provides the simplest and most effective way for you to absorb and retain the essential facts associated with this specific area of law.
Key features include:
*Diagrams at the start of chapters to summarize key points
*Structured heading levels to allow for clear recall of the main facts
*Charts and tables to break down more complex information
An improved text design makes this volume even easier to read and the facts even simpler to retain.

How do practitioners draft a contract of employment that is both comprehensive and comprehensible? One that covers necessary complexities but is clear? Save time and money by following the tried and tested guidance and clauses in Drafting Employment Contracts. This invaluable book offers practical and thorough coverage both as a tool to draft employment contracts and also as a guide for creating policy and executing it. Fully updated, this new third edition includes new precedents on checks on job applicants, a new policy on whistle blowing and also covers: * major changes on sickness and absence * changes to the law and case law on maternity, paternity and shared maternity leave * new flexible working rights * changes to drafting of email internet abuse and social networking policies * new case law includes: status of worker; whether refusing time off to attend religious festivals constitutes indirect religious discrimination; travel abroad and employer's duty of care and guidance.

A Short Guide to Equality Risk analyses the concepts, theories, and issues associated with the implementation in organisations and the service environment of an Equality, Diversity, and Discrimination (EDD) Agenda. Whether from a business, political, social, legal or medical view, the risks of failure of EDD compliance are escalating, be it in terms of cost, the possibility of damage to reputation, or the potential for loss of government or public sector contracts. Using the insights and specialised medico-legal knowledge he has acquired in the course of successfully defending his own rights, Tony Morden examines the subject from leadership, governance, management, opportunity, and performance-oriented perspectives. By using case studies and drawing on a growing body of international experience, the author analyses components of an EDD Agenda: equality, diversity, opportunity, and discrimination; and examines issues and dilemmas associated with implementing such an agenda. He offers a strategic and performance-oriented overview of the issues of leadership, prioritisation, management process, managing architectures, and the application of performance and risk management concepts. Written from a scholarly perspective, but in a practitioner-oriented and reader-friendly manner, this addition to the series of short guides to business risk provides a credible, strategic, and implementation-based overview of what is becoming a critically important, politically sensitive, and high risk subject.

HRM is central to management teaching and research, and has emerged in the last decade as a significant field from its earlier roots in Personnel Management, Industrial Relations, and Industrial Psychology. People Management and High Performance teams have become key functions and goals for manager at all levels in organizations.
The Oxford Handbook brings together leading scholars from around the world - and from a range of disciplines - to provide an authoritative account of current trends and developments. The Handbook is divided into four parts:
* Foundations and Frameworks,
* Core Processes and Functions,
* Patterns and Dynamics,
* Measurement and Outcomes.
Overall it will provide an essential resource for anybody who wants to get to grips with current thinking, research, and development on HRM.

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism.

This book will be of great interest to academics, researchers and postgraduate students working in European law a " specifically in the field of EU employment law and gender equality a " and European governance studies in general.

Since the financial crisis, one of the key priorities of the Financial Conduct Authority (FCA) and Prudential Regulation Authority (PRA) has been individual accountability. This book addresses the regulatory and employment law challenges that arise from the FCA's and PRA's requirements. The expert team of writers examine in depth the provisions of the Financial Services and Markets Act 2000 which relate to individuals, and the associated requirements of the PRA and FCA. The topics addressed include: The Senior Manager, Certification and Approved Person Regimes Regulatory references and whistleblowing Disciplinary investigations, enforcement and sanctions Notifications, 'Form C', and fitness & propriety Bonus disputes and the Remuneration Code Conduct and Pay in the Financial Services Industry considers the full extent of an individual's employment, from pre-contractual discussions to the post-termination clawback of remuneration. It is a vital reference for lawyers and human resources professionals working within the financial services industry, both in-house and in private practice. It will also be of interest to all academics, regulators and policy-makers involved in this sector.

This book examines international and European protection of the right to strike. In particular, it focuses on the extent to which the International Labour Organisation, the Council of Europe and the European Union have set standards designed to protect those who organise or participate in industrial action.

In a time of controversy over the relevance and utility of industrial action, this book outlines the case for protection of a right to strike. It argues that such a right can be viewed as civil, political and socio-economic in nature, depending upon one's conception of 'good governance' and 'democratic participation' at the national level. This has consequences for what is perceived to be the appropriate scope of the right and the extent of any legitimate exceptions.

This book explores the political and philosophical underpinnings of exclusion and social injustice in India. It examines social movements, anti-caste uprisings, reformers like Ambedkar and Narayana Guru and writers like Foucault and Serres to establish a link between the political and social milieu of the idea of nationhood. Going beyond the legal framework of justice, the essays in the volume reassemble the social from popular perception and the margins, and challenge Rawlsian and Eurocentric paradigms which have dominated discourse on social injustice. The volume also draws on instances of history as well as contemporary issues, as well as locating them in the context of social and post-colonial theory. An intellectually stimulating yet subaltern engagement with the idea of justice, the volume will be of great interest to scholars and researchers of social theory, law, modern South Asian history and social exclusion and discrimination studies.

China's labor landscape is changing, and it is transforming the global economy in ways that we cannot afford to ignore. Once-silent workers have found their voice, organizing momentous protests, such as the 2010 Honda strikes, and demanding a better deal. China's leaders have responded not only with repression but with reforms. Are China's workers on the verge of a breakthrough in industrial relations and labor law reminiscent of the American New Deal? In A New Deal for China's Workers? Cynthia Estlund views this changing landscape through the comparative lens of America's twentieth-century experience with industrial unrest. China's leaders hope to replicate the widely shared prosperity, political legitimacy, and stability that flowed from America's New Deal, but they are irrevocably opposed to the independent trade unions and mass mobilization that were central to bringing it about. Estlund argues that the specter of an independent labor movement, seen as an existential threat to China's one-party regime, is both driving and constraining every facet of its response to restless workers. China's leaders draw on an increasingly sophisticated toolkit in their effort to contain worker activism. The result is a surprising mix of repression and concession, confrontation and cooptation, flaws and functionality, rigidity and pragmatism. If China's laborers achieve a New Deal, it will be a New Deal with Chinese characteristics, very unlike what workers in the West achieved in the last century. Estlund's sharp observations and crisp comparative analysis make China's labor unrest and reform legible to Western readers.

Labour market flexibility is one of the most closely debated public policy issues in India. This book provides a theoretical framework to understand the subject, and empirically examines to what extent India's 'jobless growth' may be attributed to labour laws. There is a pervasive view that the country's low manufacturing base and inability to generate jobs is primarily due to rigid labour laws. Therefore, job creation is sought to be boosted by reforming labour laws. However, the book argues that if labour laws are made flexible, then there are adverse consequences for workers: dismantled job security weakens workers' bargaining power, incapacitates trade union movement, skews class distribution of output, dilutes workers' rights, and renders them vulnerable. The book: identifies and critically examines the theory underlying the labour market flexibility (LMF) argument employs innovative empirical methods to test the LMF argument offers an overview of the organised labour market in India comprehensively discusses the proposed/instituted labour law reforms in the country contextualises the LMF argument in a macroeconomic setting discusses the political economy of labour law reforms in India. This book will interest scholars and researchers in economics, development studies, and public policy as well as economists, policymakers, and teachers of human resource management.

Bringing together theoretical, empirical and comparative perspectives on the European Social Model (ESM) and transitional labour market policy, this volume contains theoretical accounts of the ESM and a discussion of policy implications for European social and employment policies that derive from research on transitional labour markets. It provides an economic as well as legal assessment of the European Employment Strategy and contains evaluations of new forms of governance both in European and member state policies, including discussions of the potential and limits of soft law instruments. Country studies of labour market reforms in Denmark, the Netherlands, Belgium and France assess their contribution to an emerging ESM, while comparative accounts of the ESM examine mobility and security patterns in Europe and beyond and evaluate recent 'flexicurity' policies from a global perspective.

Drawing upon socio-legal research, this insightful book considers labour migration within the context of ('eastward') European Union enlargement. Specifically, this volume explores the legal rights of accession nationals to access employment, their experiences once in work and their engagement with broader family and social entitlement. By combining analysis of the legal framework governing free movement-related rights with analysis of qualitative data gained from interviews with Polish migrants, this volume is able to speculate on the significance the status of Union citizenship holds for nationals of the recently-acceded CEE Member States. Citizenship is conceptualised not merely as rights but as a practice; a real 'lived' experience. The citizenship status of migrants from the CEE Member States is shaped by formal legal entitlement, law in action - as it is implemented by the Member States and 'accessed' by the migrants - and social and cultural perceptions and experiences 'on the ground'.

The updated third edition of Employment Law is a clear and practical guide to understanding the complex, important system that regulates the relationship between employers and employees in the UK. Understanding and applying the law effectively at work is essential for organizations. Employment Law offers a complete overview of the core components that form the interactions between an organization, its employees and the HR function. The third edition includes the latest developments and changes in law and HR perspectives, with new material on the changeability of the law, equal pay and parental leave. Featuring practical tools, checklists, case studies and real-life examples, Employment Law builds legal knowledge in key areas including recruitment, contracts, discrimination, equal pay, health and safety and managing the end of the employment relationship. It is supported by case studies on topics such as early conciliation, implied rights and diversity and inclusion and online resources including person specification templates and appraisal forms and additional references. HR Fundamentals is a series of succinct, practical guides featuring exercises, examples and case studies. They are ideal for students and those in the early stages of their HR careers.

This book examines the evolution of Australian unemployment law and policy across the past 100 years. It poses the question 'How does unemployment happen?'. But it poses it in a particular way. How do we regulate work relationships, gather statistics, and administer a social welfare system so as to produce something we call 'unemployment'? And how has that changed over time? Attempts to sort workers into discrete categories - the 'employed', the 'unemployed', those 'not in the labour force' - are fraught, and do not always easily correspond with people's working lives. Across the first decades of the twentieth century, trade unionists, statisticians and advocates of social insurance in Australia as well as Britain grappled with the problem of which forms of joblessness should be classified as 'unemployment' and which should not. This book traces those debates. It also chronicles the emergence and consolidation of a specific idea of unemployment in Australia after the Second World War. It then charts the eventual unravelling of that idea, and relates that unravelling to the changing ways of ordering employment relationships. In doing so, Inventing Unemployment challenges the preconception that casual work, self-employment, and the 'gig economy' are recent phenomena. Those forms of work confounded earlier attempts to define 'unemployment' and are again unsettling our contemporary understandings of joblessness. This thought-provoking book shows that the category of 'unemployment', rather than being a taken-for-granted economic variable, has its own history, and that history is intimately related to our changing understandings of 'employment'.

Sex Discrimination in the Workplace is an interdisciplinary volume that examines the various approaches to the study of sex discrimination and explores solutions and interventions. With riveting first-hand accounts from plaintiffs, lawyers and expert witnesses who have mounted battles against discriminatory employers, it is an invaluable resource for anyone seeking to gain a better understanding of precisely what sex discrimination is and what can be done to combat it.
Examines sex discrimination through the eyes of law, economics, sociology, and psychology, providing expert descriptions of the fundamental research related to sex discrimination and their field
Contains first hand accounts of sex discrimination cases, many of which relate to landmark contemporary incidents
Concludes with solutions to the problems of discrimination from individual, organizational, and societal perspectives
Written in clear, engaging prose with contributions from eminent scholars

The nature of sweating and the origins of low pay legislation are of fundamental social, economic and moral importance. Although difficult to define, sweating, according to a select committee established to investigate the issue, was characterised by long hours, poor working conditions and above all by low pay. By the beginning of the twentieth century the government estimated that up to a third of the British workforce could be classed as sweated labour, and for the first time in a century began to think about introducing legislation to address the problem. Whilst historians have written much on unemployment, poverty relief and other such related social and industrial issues, relatively little work has been done on the causes, extent and character of sweated labour. That work which has been done has tended to focus on the tailoring trades in London and Leeds, and fails to give a broad overview of the phenomenon and how it developed and changed over time. In contrast, this volume adopts a broad national and long-run approach, providing a more holistic understanding of the subject. Rejecting the argument that sweating was merely a London or gender related problem, it paints a picture of a widespread and constantly shifting pattern of sweated labour across the country, that was to eventually persuade the government to introduce legislation in the form of the 1909 Trades Board Act. It was this act, intended to combat sweated labour, which was to form the cornerstone of low pay legislation, and the barrier to the introduction of a minimum wage, for the next 90 years.

This book examines how the law has limitations to the extent that it can combat repression, isolation, and inequality. The main point the book explores is that isolation and inequality cannot be solved by driving up wages and having better working conditions. The true divide between management and workers is the inability of management to see the workers as people, and not just numbers. "The Swiss novelist Max Frisch remarked at the time, 'We imported workers and got men instead.'" This encapsulates the dilemma of management - how to distance one's self enough from workers to command respect yet not too distant as to be seen as inhumane. How can isolation and inequality within the workplace be overcome? Regulation and Inequality at Work shows how workers can have an increased voice by using tools outside of the typical legal ones. Without state protection, the rights can be viewed as less stringent. Working outside the system allows for greater malleability and flexibility to be able to cater to individual workers in individual workplaces. Workers' rights are about better working conditions, hourly wages, and benefits, but are also about being treated in a more civilized manner where one's humanity is recognized. Only through all of these parts working together will a true version of workers' rights emerge-one where workers are not viewed as mere tools but within and of the system itself. It shows the latest state of knowledge on the topic and will be of interest both to students at an advanced level, academics and reflective practitioners in the fields of business and company law, labour law, and employment law.

From Chernobyl to Fukushima, have we come full circle, where formalisation has replaced ambiguity and a decadent style of management, to the point where it is becoming counter-productive? Safety culture is a contested concept and a complex phenomenon, which has been much debated in recent years. In some high-risk activities, like the operating of nuclear power plants, transparency, traceability and standardisation have become synonymous with issues of quality. Meanwhile, the experience-based knowledge that forms the basis of manuals and instructions is liable to decline. In the long-term, arguably, it is the cultural changes and its adverse impacts on co-operation, skill and ability of judgement that will pose the greater risks to the safety of nuclear plants and other high-risk facilities. Johan Berglund examines the background leading up to the Fukushima Daiichi accident in 2011 and highlights the function of practical proficiency in the quality and safety of high-risk activities. The accumulation of skill represents a more indirect and long-term approach to quality, oriented not towards short-term gains but (towards) delayed gratification. Risk management and quality professionals and academics will be interested in the links between skill, quality and safety-critical work as well as those interested in a unique insight into Japanese culture and working life as well as fresh perspectives on safety culture.

'Jane Holgate is a brilliant thinker' - Jane McAlevey In Arise, Jane Holgate argues that unions must revisit their understanding of power in order to regain influence and confront capital. Drawing on two decades of research and organising experience, Holgate examines the structural inertia of today's unions from a range of perspectives: from strategic choice, leadership and union democracy to politics, tactics and the agency afforded to rank-and-file members. In the midst of a neoliberal era of economic crisis and political upheaval, the labour movement stands at a crossroads. Union membership is on the rise, but the 'turn to organising' has largely failed to translate into meaningful gains for workers. There is considerable discussion about the lack of collectivism among workers due to casualisation, gig work and precarity, yet these conditions were standard in the UK when workers built the foundations of the 19th-century trade union movement. Drawing on history and case studies of unions developing and using power effectively, this book offers strategies for moving beyond the pessimism that prevails in much of today's union movement. By placing power analysis back at the heart of workers' struggle, Holgate shows us that transformational change is not only possible, but within reach.

The doctrine of sham is one that pervades the common law. This book will be the first cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied practical applications. For practitioners used to working in only one area of sham, this volume allows a broader appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law and tax. These several areas are expounded by experts in their field, including both leading practitioners and distinguished scholars. Each contribution considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation. This wide-ranging work is brought together, not only by these key themes, but by the comparative analysis of the editors, making this a substantial contribution to the understanding of the common law doctrine of sham.

The world of work has undergone major changes in the last two decades. This book examines these changes in their international context. It is argued that collective bargaining should no longer be viewed as the most important means of regulating the employment relationship. In the changed world of work such an approach is becoming less relevant. Instead, other means of protecting legitimate worker interests are explored. These include: an adaptation and extension of the general principles of the law of contract; a constitutional right to fair labour practices; and the pursuit of good corporate governance and corporate social responsibility. The conclusion is that these alternative means of addressing legitimate worker interests can play a valuable role in filling the vacuum left by the worldwide decline of trade unions.