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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
Institutions such as trade unions that were once relied upon to protect workers' wages, conditions and job security are eroding. In response, new forms of worker protections are emerging. Protecting the Future of Work examines new forms of regulation that have emerged in response to increasing social concern about poor labour practices, growing inequality, and detrimental working conditions. It looks at how trade unions, community organisations and other actors have mobilised to raise public awareness and pressure businesses and governments to improve working conditions. Featuring a balance of texts on the changing nature of and the history of trade union change and transformation, the series Trade Unionism gives space for in-depth, detailed analysis and captures key themes on the nature of internationalism and trade unionism.
Key Facts is the essential series for anyone studying law, including LLB, ILEX and post-graduate conversion courses. Key Facts provides the simplest and most effective way for you to memorise and absorb the essential facts needed to pass your exams. Key Features: * User-friendly layout and style * Diagrams, charts and tables to illustrate key points * Summary charts at a basic level, followed by more detailed explanations to aid revision at every level Additional high-quality revision material is provided on the interactive website www.unlockingthelaw.co.uk
For most managers, let alone the employees involved, the disciplinary process can be painful and embarrassing. Poor performance tends to be confused with misconduct and consequently carries the stigma of punishment; this despite the fact that most company policies and indeed the ACAS Code (correctly) put emphasis on improving behaviour or performance, rather than punishment. Derek Eccleston's concise guide provides a clear picture of the purpose and the process of the disciplinary procedure. This toolkit approach contains invaluable information and includes clear checklists and sample letters to help guide managers and supervisors through the minefield of employment rights, explaining what to do and how to do it. Written in a no nonsense way, The Manager's Guide to Discipline is free of legal jargon and focuses on the practical issues throughout. It will help to protect the organisation, whilst ensuring matters are dealt with, not left or brushed under the carpet because of a lack of management confidence. This essential reference will encourage managers to approach performance and disciplinary problems proactively and with more confidence and will significantly reduce the risk of getting it wrong.
Economically and politically, North Sea oil very quickly became of vital importance to Britain. But very little serious attention was paid to the problems of the men working out on the rigs, and certainly none to their legal problems: they had been working in a kind of legal 'no man's land'. This informative and critical book, first published in 1977, represents a new and exciting approach to labour law looks closely at the way in which the law applies to workers out on the rigs and at the way it regulates the various aspects of their employment. More than that, it looks at the context in which the law is applied, a dynamic industry operating within severe physical, economic and political constraints, showing not only how the law came to be shaped, but also how its provisions are but one example of the employment process and which mirror changing moods and standards.
"A definite must for SENCOS." -- Urmston Junior School "A good insight into process of tribunal and what the Equality Act means." -- Team Leader, St Paul's CE Primary School 'A much needed resource in supporting schools, centres, day nurseries and community childcare provision to understand the complexity of the issues surrounding SEN... A valuable tool.' -- Gerri Ross - Head of Old Moat Sure Start Children's Centre, UK "Straightforward and easily accessible...I would recommend this book to undergraduates and professionals alike who have an interest in ensuring that the rights of disabled children are upheld." -- Dr Craig Blyth, School of Education, University of Manchester, UK Under the Equality Act (2010), all schools and service providers have a legal obligation to make provision for disabled pupils, staff and school users. If you're feeling confused and concerned about the content and implications of the Disability Duty Act (1995) and the more recently released Equality Act (2010), and how it affects your setting, this essential book will help you unpick the issues in a user-friendly and easily accessible way. This highly practical resource: explains the main parts of Equality Act (2010) as it affects disability in a way that will encourage all members of staff within a school to feel confident that they are correctly implementing its requirements; discusses 'reasonable adjustments' and 'less favourable treatment' which are at the heart of the legislation; shows how 'less favourable treatment' and 'reasonable adjustments' apply to admissions, exclusions, handling of medicines and during school trips; uses examples and case studies throughout, and highlights the key factors for success in making reasonable adjustments; takes readers through the process of an alleged act of discrimination against the school, and how it may be resolved, up to and including the SEND tribunal process. The author brings a wealth of experience to this topic, both as a parent of a disabled child and as a trainer of professionals. She uses her unique insight to develop skills and awareness in anyone who follows her material, and shows through tried and tested concepts and methods, how schools and settings can avoid costly and stressful tribunals. Headteachers, teachers, SENCos, Sure Start Centre Managers and anyone who works in educational settings will find this book essential to their professional development and a fantastic source of support and help.
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.
This book offers a unique contribution that examines major recent changes in conflict, negotiation and regulation within the labour relations systems and related governance institutions of advanced societies. The broad scope of analysis includes social welfare institutions, new forms of protest including judicialisation, transnational structures and collective bargaining itself. As the distinguished group of participating authors shows, the accumulation of numerous crucial changes in the interactions of unions, employers, political parties, courts, protestors, regulators and other key actors makes it imperative to reframe the study of collective bargaining and related forms of governance. The shifting dynamics include the growing relevance of multi-level interactions involving transnational entities, states and regions; the increasing tendency of workers and unions to turn to the courts as part of their overall strategy; new forms of solidarity among workers; and the emergence of new populist and nationalist actors. At the same time, sectors of the workforce that feel under-represented by existing institutions have contributed to new types of protest and 'agency'. Building on classical debates, the book offers new theoretical and practical approaches that insert the study of collective bargaining into the analysis of governance, solidarity, conflict and regulation, as they are broadly construed.
A workplace mediation program supplements or replaces institutional grievance processes in order to increase job satisfaction, boost productivity, reduce employee turnover, and decrease the chances of legal action. Weinstein, a social worker and a labor and employment lawyer, provides a powerful administrative, educational, and training tool for human resource professionals, administrators, peer and professional mediators, and students of mediation. Mediated resolutions to conflict in the workplace are designed to last because they seek to address underlying causes and they rely on the participation of the affected parties. Mediation with an impartial third party is more likely to result in a satisfying solution than are decisions imposed upon the parties from outside sources, whether employers or the legal system. Mediators work to strengthen relationships so that future conflicts can be prevented or minimized. This valuable guide to implementing formal mediation programs can be used by both beginning and experienced mediators in all types of organizations- in schools, social service agencies, government agencies, and private industry. Its practical application of mediation theory will benefit students and teachers of mediation, conflict resolution, business management, public administration, law, social work, counseling, and other related disciplines.
This volume examines the legal dimension of the ILO's action in the field of Child Labour. The authors investigate the implementation of the relevant legal instruments and assess the effectiveness of the ILO supervisory system. All relevant instruments are considered while particular attention is given to Convention 182 on the elimination of the worst forms of child labour. Child Labour in a Globalized World describes the ILO's activities concerning the eradication of child labour whilst assessing and evaluating the effectiveness of the relevant legal framework and functioning of the supervisory system. This book contextualizes the issue of the eradication of the worst forms of child labour in the recent doctrinal debate on the nature of labour standards and the transformation of the ILO. This important work will be a valuable resource for academics, researchers and policy-makers with an interest in labour law, international law, and children's rights.
This handbook provides a comprehensive and authoritative state-of-the-art review of the current and emerging research and policy on disability law. Bringing together a team of respected and experienced experts, the handbook offers a range of jurisdictional and multidisciplinary perspectives. The authors consider historical and contemporary, as well as comparative perspectives of disability law. Divided into three parts, the contributors provide a comprehensive reference to the theoretical underpinnings, ongoing debates and emerging fields within the subject. The study provides a strong basis for consideration of contemporary disability law, its research foundations, and progressive developments in the area. The book incorporates interdisciplinary and comparative country perspectives to capture the breadth of current discourse on disability law. This handbook provides a valuable resource for a wide range of scholars, public and private researchers, NGOs, and practitioners working in the area of disability law, and across national and transnational disability schemes. The work will be of important interest to those in the fields of sociology, history, psychology, economics, political science, rehabilitation sciences, medicine, technology, and law, among others.
'Equal is not Enough' is the title of a series of conferences that has aimed, over the years, to generate a better understanding of what shapes and reshapes inequalities by inviting and promoting multi-disciplinary insights and reflection. One of the conferences hosted at Antwerp University in February 2015 focused on discrimination law. The conveners welcomed papers on the relationship between social policy and discrimination law (or closely related human rights issues), which investigate the tensions and (in)compatibilities between the respective aims and tools of social policy and discrimination law. They were particularly interested in contributions that transcend legal technicalities and reflect on the function of discrimination law as part of a wider social policy in the European Union and its member states. Following a very strict selection procedure conducted by the editors and rigorous peer review, a collection of papers from the conference now appears in this book, Equal is not Enough, which takes its name from the title of the conference. In short, within this volume, the reader will find a selection of high-quality papers presented at this conference, organised by the Flemish Policy Research Centre on Equality Policies (a consortium of the Universities of Antwerp, Brussels, Ghent, Hasselt and Leuven). This publication is aimed at researchers, but it will also be of interest to practitioners of discrimination law who would like to enhance their scientific background.
This textbook acquaints readers with the major federal statutes and regulations that control management and employment practices in the American workplace. The material is presented from the perspective that the human resource professional is the employer's representative and is, therefore, responsible for protecting the employer's interests and reducing the employer's exposure to litigation through monitoring activities and viable employee policies. The book is designed as a tool for today's business and management professionals, and unlike some other texts in the field, maintains a pro-business or pro-management approach. The authors have skilfully crafted Employment Regulation in the Workplace to be an effective learning tool. Each chapter opens with learning objectives and an example scenario, and each chapter contains plenty of illustrative figures, boxes, and diagrams. Chapters conclude with a listing of key terms, questions for discussion, and two case exercises. The book also includes a comprehensive bibliography.
Your Health at Work is your fully researched and up-to-date guide to the most common health risks at work in the UK and how you can tackle them. The TUC expertly explains your legal rights, how to avoid injury and illness and what support is available to you. Covering the full range of industries, Your Health at Work provides guidance for everyone. Both physical health (e.g. aches and strains, hazardous substances, accidents) and mental health (anxiety, depression, bullying) are comprehensively discussed to provide you with reliable help and advice on the full range of potential health problems at work. The stories of real workers who have encountered health issues at work are included to make sure that this book is fully representative of real life and gives practical, and sometimes inspirational, insights to support you and your health every day at work.
To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.
This volume examines the role of law in increasing the legitimacy of European decision-making by structuring and facilitating diverse forms of participation, representation, and deliberation whilst ensuring transparency and accountability. The democratic deficit and the legitimacy of the European Union have attracted the attention of both lawyers and political scientists, but few have examined normatively the role of interest groups or of functional participation in European governance.This book examines institutional settings, such as committees, agencies, and social dialogue within which such participation occurs. Moving beyond generalities, tye author provides a detailed empirical account of participation within one policy sector: EC occupational health and safety. Smismans argues that different institutional settings for functional participation are underpinned by very different considerations: they weight balanced representation, deliberation, and expertise differently. He shows how this participation differs between legislation and regulatory implementation, and appraises the extent to which participation can compensate for a lack of territorial representation in implementation procedures, and can exert some control over 'scientific experts'. This book reveals changes in functional participation over time, from regulatory to persuasive policy-making; and argues that the 'new' forms of governance are not necessarily more participatory than the old.
This book addresses women's rights to work and motherhood in Libya from a legal and international human rights perspective. In an attempt to solve the problem posed by the perception that there is an unsolvable conflict between the right of women to work and their right to motherhood, the author considers how these two sets of rights, as protected under international human rights law, can and should be recognised and promoted within the Libyan legal system. Including first-hand accounts of experiences of Libyan women, the study voices their struggle for their rights as guaranteed by domestic law, international conventions and Islam. Providing a rare insight into a region striving to find its new identity, the author assesses the adequacy of existing Libyan laws and, where warranted, offers proposals for legislative amendments to Libyan policy makers and its new Parliament at such a crucial time in the nation's history.
When faced with a 'human error' problem, you may be tempted to ask 'Why didn't these people watch out better?' Or, 'How can I get my people more engaged in safety?' You might think you can solve your safety problems by telling your people to be more careful, by reprimanding the miscreants, by issuing a new rule or procedure and demanding compliance. These are all expressions of 'The Bad Apple Theory' where you believe your system is basically safe if it were not for those few unreliable people in it. Building on its successful predecessors, the third edition of The Field Guide to Understanding 'Human Error' will help you understand a new way of dealing with a perceived 'human error' problem in your organization. It will help you trace how your organization juggles inherent trade-offs between safety and other pressures and expectations, suggesting that you are not the custodian of an already safe system. It will encourage you to start looking more closely at the performance that others may still call 'human error', allowing you to discover how your people create safety through practice, at all levels of your organization, mostly successfully, under the pressure of resource constraints and multiple conflicting goals. The Field Guide to Understanding 'Human Error' will help you understand how to move beyond 'human error'; how to understand accidents; how to do better investigations; how to understand and improve your safety work. You will be invited to think creatively and differently about the safety issues you and your organization face. In each, you will find possibilities for a new language, for different concepts, and for new leverage points to influence your own thinking and practice, as well as that of your colleagues and organization. If you are faced with a 'human error' problem, abandon the fallacy of a quick fix. Read this book.
This book provides essential information on the legal rights of employers and employees in Turkey, plus up-to-date sections on wages, working hours, employment contracts, discrimination laws, and unions. The work mainly consists of three parts: introduction, individual labour law, and collective labour law in Turkey. The extensive material and numerous court decisions presented in each chapter will introduce readers to the major current debates in labour law and encourage them to engage in critical and independent assessment. As such, the book offers an engaging and accessible overview of the development and status quo of labour law and industrial relations issues in Turkey.
This is a new study of the employment law implications for employees who exercise the right to free speech. The book examines the philosophical basis for protecting free speech, the impact of the Human Rights Act 1998 and article 10 of the ECHR, the implications of free speech for the contract of employment, the Public Interest Disclosure Act 1998, and the special position of local government and NHS staff and civil servants.
This book provides an overall understanding of Chinese labour law and covers many important issues related to the application of Chinese labour law. Particularly, the book explains the difficult points in Chinese labour law from the perspective of juridical practice. Many typical cases are selected to illustrate the important issues in Chinese labour law. These cases are from the courts in the developed areas in China, where foreign-funded enterprises gather. Also, the book addresses the implications of the Civil Code on the labour law. The latest developments are reflected in the book, which include guidelines related to labour dispute case hearing formulated by the Higher Courts in many provinces, and the guiding cases released by the Supreme Court. Such developments are the reflections of fragmented judicial application of Chinese labour law.
Using an interdisciplinary lens, this book innovatively explores the conflicts and shifting boundaries in organisational, professional, legal and economic structures, caused by the rise of the gig economy. The dynamic structural model of the gig economy is introduced to interrogate the inner workings of the amorphous gig economy at the Macro, Meso and Micro levels of analysis. Conflict and Shifting Boundaries in the Gig Economy examines a range of tensions and issues, including; The future of trade unions in the gig economy Employment status and contractual arrangements Talent management in the gig economy Employee voice and whistleblowing Career choices and organisational attractiveness Trajectory and impact at macro economic levels. Organisational examples and a focus on the perspective of those engaged in gig work introduce new insights and research questions on the current and future challenges posed by the gig economy, alongside using the structural dynamic model as a tool to understand actors and organisational experiences and build appropriate interventions.
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.
First Published in 1966. The continuous demand for the History of Factory Legislation since its publication in 1903 has resulted in this third edition. The issue of a new edition has afforded an opportunity for a careful overhauling of the work, for the correction of sundry errors and omissions, and for bringing the story down to date. This title covers the inception of factory legislation in the 1800s through to the administration of local authorities in 1902 followed by a retrospect exclusive to this edition.
Living Law: Employment Law is about more than simply learning the legal principles. It's packed with innovative and interactive activities that will improve your understanding of the law and strengthen your legal writing, problem solving and research skills. It will help you see how employment law works in the real world, strengthen your legal skills, and show you how to apply your knowledge to problem scenarios. |
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