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Putting Human Rights to Work - Labour Law, The ECHR, and The Employment Relation (Hardcover)
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Putting Human Rights to Work - Labour Law, The ECHR, and The Employment Relation (Hardcover)
Series: Oxford Labour Law
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The very existence of an employment relationship places the human
rights of a worker at risk. Employers can, and frequently do,
exercise their managerial and disciplinary powers in a manner that
interferes with the most fundamental rights of the individual
worker. Adequate safeguards against such infringements are
necessary if individuals are to receive full protection of their
rights. This book examines how far the labour laws of England and
Wales offer such guarantees, with a particular focus on dismissal
law. The chapters reflect on the relationship between employment,
labour, and human rights before conducting a detailed and critical
analysis of the scope, shape, and application of domestic
employment law. The framework for evaluation is drawn from the case
law of the European Court of Human Rights, as it develops a
principled and tailored approach to how the rights contained in the
European Convention on Human Right should be enforced in working
relationships. Statutory mechanisms, such as the law of unfair
dismissal, and common law causes of action are examined and found
to be lacking in their capacity to vindicate and enforce the human
rights of workers. This book culminates in the proposal and
elaboration upon an innovative solution, the Bill of Rights for
Workers, that would draw on the successes of human rights and
labour law instruments to render the Convention rights directly
enforceable in the relationship between a worker and their
employer.
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