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Labour Law — Overview

Discussion Groups

These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.

Labour Law Discussion Group

Publications

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Journal Articles

2015

J Prassl, 'Les seuils sociaux en Europe: Royaume-Uni' (2015) Revue de Droit du Travail 215

J Prassl and B Jones, 'Verpflichtende Außergerichtliche Vermittlungsverfahren im Englischen Arbeitsrecht: ein erster Erfahrungsbericht' (2015) 28 Zeitschrift für Konflikt-Management 36

2014

S Fredman, 'Addressing Disparate Impact: Indirect Discrimination and the Public Sector Equality Duty ' (2014) 43 Industrial law Journal 349 [...]

DOI: 10.1093/indlaw/dwu016

This commentary draws out the implications of recent cases on indirect discrimination and its relationship to the Public Sector Equality Duty. It argues that both indirect discrimination and the public sector equality duty include a duty to take pre-emptive action once a pattern of disparate impact has been made out. Drawing on dicta in recent cases, and comparing them with recent US jurisprudence, it argues that courts have sown the seeds of such a duty but this has not been appropriately recognised in the remedy.


ISBN: 0305-9332

J Prassl, '"All in it Together?" Labour Markets in Crisis' (2014) 1 Hungarian Labour Law E-Journal 23

J Prassl, '"Mindannyiunkat egyformán érint?” Az Egyesült Királyság koalíciós kormányának munkaerő-piaci reformjai' (2014) 1 Magyar Munkajog E-Folyóirat 26

J Prassl, 'Contingent Crises, Permanent Reforms: Rationalising Labour Market Reforms in the European Union' (2014) 5 ELLJ 211

J Prassl, 'L’emploi multilatéral en droit anglais' (2014) 4 Revue de Droit du Travail 236

2013

A Bogg, A Forsyth and T Novitz, 'Worker Voice in Australia and New Zealand: the role of the State reconfigured?' (2013) 34 Adelaide Law Review 1

H Collins, 'Entretiens sur le droit du licenciement pour motif économique: Royaume Uni ' (2013) 6 Revue de Droit du Travail 430

S Fredman and J. Fudge, 'The Legal Construction of Personal Work Relations and Gender ' (2013) 7 Jerusalem Review of Legal Studies (2013) 112 [...]

DOI: 10.1093/jrls/jlt019

The rigid divide between a standard employment contract and other work relations has always presented particular difficulties for women. There is a fundamental mismatch between the binary divide that is inscribed in law and many women’s experience, in which the boundaries between paid and unpaid work, between public and private, and between the labor market and socialsecurity are permeable and shifting. Freedland and Kountouris’s extraordinarily perceptive book, The Legal Construction of PersonalWork Relations, not only allows us to escape from this rigid legal typology, it sheds light on the complex interactions between the many different personal work relations and labour market statuses that women engage in throughout their lives, pointing the way to a system of legal entitlements which better reflects these realities.


ISBN: 2219-7117

J Prassl, 'Die Suche nach dem Arbeitgeber im Englischen Recht' (2013) Europäische Zeitschrift für Arbeitsrecht 472

J Prassl, 'Employee Shareholder "Status"? Dismantling the Contract of Employment' (2013) 42 ILJ 307

J Prassl, 'Implementing the New Employee-Shareholder Status' (2013) SJ 9

J Prassl, 'Tale of (Un?)Intended Consequences: Das Vereinigte Königreich in der Krise' (2013) 49 Gesellschaft & Politik 97

J Prassl, 'The Notion of the Employer' (2013) 129 LQR 380

J Prassl, 'Third Time Lucky? The Proposed Employee-Shareholder Status' (2013) SJ 19

2012

A Bogg and K D Ewing, 'A Muted Voice at Work? Collective Bargaining in the Supreme Court of Canada' (2012) Comparative Labor Law and Policy Journal

A Bogg and T Novitz, 'Investigating "Voice" at Work' (2012) Comparative Labor Law and Policy Journal

A Bogg, 'Michael Sandel and Trade Union Rights' (2012) International Union Rights

A Bogg, 'Sham Self-Employment in the Supreme Court' (2012) Industrial Law Journal

A Bogg, 'The Death of Statutory Union Recognition in the United Kingdom' (2012) Journal of Industrial Relations (Australia)

H Collins, 'Compensation for Dismissal: In Search of Principle ' (2012) 41 Industrial Law Journal 208

A C L Davies, 'Identifying ‘Exploitative Compromises’: The Role Of Labour Law In Resolving Disputes Between Workers' (2012) Current Legal Problems 269 [...]

In recent years, labour law has been going through a period of deep introspection. Some commentators have gone so far as to pronounce the subject dead. One reason for the crisis is the realisation that labour law has the potential to exacerbate divisions between different groups in the workforce: between the employed and the unemployed, between those with stable jobs and those with ‘atypical’ jobs, between local workers and migrant workers, and so on. The ‘interests of labour’ are not, in reality, a unified set of interests to be pitted against those of capital. Whilst other writers are beginning to explore this set of issues at the policy level, the aim of this essay is to consider how the law addresses conflicts between workers on particular occasions and in particular workplaces, and to begin the task of mapping out this relatively neglected dimension of the subject on a more practical level.


ISBN: 0070-1998

A C L Davies, 'Recent Developments in Labour Law in the United Kingdom' (2012) Europaische Zeitschrift für Arbeitsrecht

J Prassl, 'Industrial Action at British Airways: A Case Study' (2012) 11 Contemporary Issues in Law 113

2011

A Bogg, 'Good Faith in the Contract of Employment: A Case of the English Reserve?' (2011) 32 Comparative Labor Law and Policy Journal 729 [...]

A theoretical analysis of the concept of good faith in the personal employment contract (approx 15,000 words)


ISBN: 1095-6654

2010

A Bogg, 'Bournemouth University v Buckland: Re-establishing Orthodoxy at the Expense of Coherence?' (2010) Industrial Law Journal 408

A C L Davies, 'The Implementation of the Directive on Temporary Agency Work in the UK: A Missed Opportunity' (2010) 1 European Labour Law Journal 303 [...]

An analysis of the UK's implementation of the Temporary Agency Work Directive.


ISBN: 2013-9525

A C L Davies, 'Trade Union Recognition and Collective Bargaining in English Law' (2010) Europäische Zeitschrift für Arbeitsrecht 37 [...]

Text of a lecture delivered at the Siebtes Göttinger Forum zum Arbeitsrecht, Georg-August- Universität Göttingen


2009

A Bogg, 'New Labour, Trade Unions, and the Liberal State' (2009) 20 King's Law Journal 403 [...]

An analysis of liberal theory and its application in the context of trade union legislation, using this as an intepretive framework for analysing post-1997 legislative developments in collective labour law (12,500 words)


ISBN: 0961-5768

A Bogg, 'Of Holidays, Work and Humanisation: A Missed Opportunity?' (2009) European Law Review [...]

An analysis of the humanisation principle in European working time regulation, and its specific regulatory effects (c 8,500 words)


A Bogg, 'The Mouse that Never Roared: Unfair Practices and Union Recognition' (2009) Industrial Law Journal [...]

A critical analysis of the CAC's jurisprudence dealing with the new unfair practice jurisdiction under the Schedule A1 recognition procedure (6,500 words)


A C L Davies, 'Implementation of the Agency Work Directive in the UK' (2009) Revue de Droit du Travail 743 [...]

Discussion of the government's initial proposals for the implementation of the Temporary Agency Work Directive.


A C L Davies, 'Judicial Self-Restraint in Labour Law' (2009) 38 Industrial Law Journal 278 [...]

An exploration of the concept of 'deference' in the public law literature as applied to labour law cases.


ISBN: 0305-9332

A C L Davies, 'Sensible Thinking About Sham Transactions: Protectacoat Firthglow Ltd v Szilagyi' (2009) 38 Industrial Law Journal 318 [...]

Analysis of the development of the definition of 'sham' in the Protectacoat case, comparing it to the lease/licence case-law.


2008

A C L Davies, 'Developments in English Labour/Employment Law 2004-2007' (2008) 2 Europaische Zeitschrift fur Arbeitsrecht 267

A C L Davies, 'One step forward, two steps back? The Viking and Laval cases in the ECJ' (2008) 37 Industrial Law Journal 126

2007

H Collins, 'Legal Responses to the Standard Form Contract of Employment' (2007) 36 Industrial Law Journal 2 [...]

DOI: 10.1093/indlaw/dwl037

Having suggested that the advent of standard form contracts of employment is a neglected aspect of employment law, an assessment is made of two of the main legal responses to the potential unfairness of terms, namely implied terms and the application of section 3 the Unfair Contract Terms Act 1977. The Law Commission's proposed legislative reform is also examined. It is concluded that only by combining terms implied by the law with the statutory protection of reasonable expectations of employees will the law succeed in devising an adequate technique for rebalancing contracts of employment.


ISBN: 0305-9332

A C L Davies, 'The contract for intermittent employment' (2007) 36 Industrial Law Journal 102 [...]

DOI: 10.1093/indlaw/dwl043

Elaborates on Mark Freedland's work on the contract for intermittent employment in his book, The Personal Employment Contract.


ISBN: 0305-9332

2006

A Bogg, 'The right to paid annual leave in the Court of Justice: the eclipse of functionalism' (2006) 31 European LR 892 [...]

Analysis of ECJ decision in Robinson-Steele, incorporating broader analytical perspective on the ECJ's interpretive approach under Working Time Directive (approx 8000 words)


ISBN: 03075400

A C L Davies, 'Regno Unito - Lavori Occasionali e Continuita dell'Impiego: Riflessioni sul Caso Cornwall CC v Prater' (2006) Diritto delle Relazioni Industriali 1264 [...]

Casenote on Cornwall CC v Prater, in Italian!


A C L Davies, 'The Right to Strike Versus Freedom of Establishment in EC Law: The Battle Commences' (2006) 35 Industrial Law Journal 75 [...]

DOI: 10.1093/indlaw/dwj004

Commentary/extended casenote on Viking Line v ITF.


ISBN: 0305 9332

Books

2015

A C L Davies, Employment Law (Pearson (Longman Law Series) 2015) [...]

A comprehensive textbook on individual and collective employment law.


ISBN: 978-1-4082-6360-0

J Prassl, The Concept of the Employer (OUP 2015) [...]

Employment law struggles to adapt to complex modern work arrangements, from agency work and service companies to corporate groups and Private Equity investors. This book argues that the cause of this failure can be found in our concept of the employer, which has become riddled with internal contradictions: English law searches for the unitary counterparty to a bilateral contract of employment by reference to a series of multi-functional tests. As a result of this tension, full employment law coverage is restricted to the narrow scenario where a single legal entity exercises all employer functions⎯a paradigm far from the fragmented reality of modern labour markets. These problems can only be addressed by a careful reconceptualization leading to the development of a functional concept of the employer. The book draws on existing models in English and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each strand of the received concept of the employer is examined in turn to demonstrate how this more openly multifunctional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. The book fills a crucial gap in employment law and corporate law by exposing the defects in our current understanding of the employer and by developing a new functional concept appropriate for both traditional and emerging work arrangements.


ISBN: 978-0-19-873553-3

2012

H Collins, Labour Law: Law in Context Series (Cambridge University Press 2012)

A C L Davies, EU Labour Law (Elgar (European Law Series) 2012) [...]

EU Labour Law is a concise, readable and thought-provoking introduction to the labour and employment law of the European Union. The book explores the subject’s major policy themes, examines the various procedures by which EU labour law is made, and analyses key topics such as worker migration, equality, working time and procedures for workers’ participation in employers’ decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labour law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU.


ISBN: 9781848449985

2010

H Collins, Employment Law (2nd, Oxford University Press 2010)

2009

A Bogg, The Democratic Aspects of Trade Union Recognition (Hart 2009)

A C L Davies, Perspectives on Labour Law (2nd edn, Cambridge University Press, Law in Context Series 2009) [...]

An exploration of human rights and economics perspectives on labour law.


ISBN: 978-0-521-72234-6

2007

P Davies and M Freedland, Towards a Flexible Labour Market (OUP: Oxford Monographs on Labour Law 2007) [...]

Taking as its starting point the authors’ earlier work on Labour Legislation and Public Policy, this book provides a detailed account and critical analysis of British labour legislation and labour market regulation since the early 1990s. Referring back to the earlier history, and filling in the gaps in the early and mid-1990s, the work concentrates mainly on the legislation and policy measures in the employment sphere of the New Labour governments which have been in power since 1997, placing those developments in the context of the relevant aspects of European Community law. The work argues for an understanding of this body of legislation and regulatory activity as being directed towards the realisation of a flexible labour market, and shows how this objective has been pursued in three intersecting areas, those of regulating personal or individual employment relations, regulating collective representation, and promoting work. It explores the methods of regulation which have been used, developing a taxonomy of regulation and a notion of ‘light regulation’ to characterise some recent legislative interventions. It considers how far the administration of Prime Minister Tony Blair has fulfilled its promises or claims of ‘fairness at work’, ‘welfare to work’ and ‘success at work’. It is intended to be of interest to those concerned with the study of British and European labour or employment law, employee relations or human resource management, labour market economics, and contemporary politics.


ISBN: 978-0-19-921788-5

Chapters

2015

A Bogg, 'Labour Law and the Trade Unions: Autonomy and Betrayal' in A Bogg, C Costello, ACL Davies, Jeremias Prassl (eds), The Autonomy of Labour Law (Hart 2015) (forthcoming)

H Collins, 'Progress towards the Right to Work in the United Kingdom' in Virginia Matouvalou (ed), The Right to Work: Legal and Philosophical Perspectives (Hart Publishing 2015) [...]

An investigation of the extent to which UK law now recognises a legal right to work as a result of developments in anti-discrimination law, human rights law and the law of the EU.


ISBN: 978-1-84946-510-6

A C L Davies, 'Labour Law as Public Law' in A Bogg, C Costello, ACL Davies and J Prassl (eds), The Autonomy of Labour Law (Hart 2015)

J Prassl, 'Autonomous Concepts in Labour Law? The Complexities of the Employing Enterprise Revisited' in A Bogg, C Costello, ACL Davies, and J Prassl (eds), The Autonomy of Labour Law (Hart|Bloomsbury 2015)

A Bogg, C Costello, A Davies and J Prassl, 'Introduction: Exploring Autonomy' in A Bogg, C Costello, ACL Davies, and J Prassl (eds), The Autonomy of Labour Law (Hart | Bloomsbury 2015)

A Adams and J Prassl, 'Labour Legislation and Evidence-Based Public Policy: A Case Study' in A Blackham and A Ludlow (eds), New Frontiers in Empirical Labour Law Research (Hart | Bloomsbury 2015)

2014

A Bogg, 'Article 231: The Right to Fair and Just Working Conditions' in S Peers, T Harvey, J Kenner, A Ward (eds), The EU Charter of Fundamental Rights (Hart 2014)

A Bogg and C Estlund, 'Freedom of Association and the Right to Contest: Getting Back to Basics' in A Bogg and T Novitz (eds), Voices at Work: Continuity and Change in the Common Law World (OUP 2014)

A Bogg and T Novitz, 'The Purpose and Techniques of Voice: Propects for Continuity and Change' in A Bogg and T Novitz (eds), Voices at Work: Continuity and Change in the Common Law World (OUP 2014)

A Bogg, 'Viking and Laval: The International Labour Law Perspective' in M Freedland and J Prassl (eds), EU Law in the Member States - Viking, Laval and beyond (Hart 2014)

A C L Davies, 'Half a Person: a Legal Perspective on Organising and Representing ‘Non-Standard’ Workers' in A Bogg and T Novitz (eds), Voices at Work: Continuity and Change in the Common Law (OUP 2014)

A C L Davies, 'Migrant Workers in Agriculture: A Legal Perspective' in C Costello and M Freedland (eds), Migrants at Work: Immigration and Vulnerability in Labour Law (OUP 2014)

S Fredman, 'Home from Home: Migrant Domestic Workers and the ILO Convention on Domestic Workers ' in C Costello and M Freedland (eds), Migrants at Work: Immigration and Vulnerability in Labour Law (OUP 2014) [...]

Domestic workers’ situation in the heart of the employing family defies the public–private divide which labour law regulation has taken as one of its major premises. Live-in domestic workers have little autonomy or privacy, little control over their hours of work, and little protection against verbal, sexual, and physical abuse and other forms of exploitation. Trade union organization is highly challenging. The need to reconfigure the public–private divide arises not just because domestic work takes place within the family. It is also because domestic workers have played an essential role in facilitating the entry into paid work of many other women worldwide. Indeed, it is arguable that the main reason for the mass migration of women from developing to developed countries has been a high demand for domestic workers to assist with childcare, housework, and care of the elderly. However, the fact that employers of domestic workers are often vulnerable elderly people or women working in low-paid and precarious work themselves does not necessarily protect domestic workers: indeed, despite or because of their own precarious position, such employers are also frequently the source of exploitation or abuse. The framing of legislation in relation to domestic workers must therefore address this complex layering of discrimination issues. It is against this backdrop that the ILO finally, after much campaigning, adopted in 2011 its Convention No 198 concerning decent work for domestic workers. The aim of this chapter is to critically assess the provisions of the Convention and to compare it to other sources of regulation of domestic work, particularly those in South Africa and Brazil.


J Prassl, 'The United Kingdom' in B Waas (ed), The Right to Strike: A Comparative View (Kluwer 2014)

2013

A Bogg and R Dukes, 'The European Social Dialogue: From Autonomy to Here' in N Countouris and M Freedland (eds), Resocializing Europe (CUP 2013)

A Bogg, 'The Immoral Trap: migrant workers and the doctrine of illegality' in B Ryan (ed), Labour Migration in Hard Times: reforming labour market regulation (IER 2013)

H Collins, 'The Contract of Employment in 3D' in David Campbell, Linda Mulcahy, Sally Wheeler (eds), Changing Concepts of Contract (Palgrave Macmillan Socio-Legal Studies 2013) [...]

In this investigation of the relational character of the contract of employment, it is argued that the best way for courts to interpret these contracts is by ensuring that three perspectives are always incorporated into the construction of the meaning of the contract: contractual rationality, economic rationality, and relational rationality.


ISBN: 978-1-137-26926-3

A C L Davies, 'Employment Law' in E Simpson and M Stewart (eds), Sham Transactions (OUP 2013)

A C L Davies, 'Regulating Atypical Work: Beyond Equality' in N Countouris and M Freedland (eds), Resocialising Europe in a Time of Crisis (Cambridge University Press 2013)

A C L Davies, 'The 'Constitutionalisation' of Labour Law: Possibilities and Problems' in KS Ziegler and PM Huber (eds), Current Problems in the Protection of Human Rights: Perspectives from Germany and the UK (Hart 2013)

2012

A Bogg and T Novitz, 'Recognition in Respect of Bargaining in the United Kingdom: Collective Autonomy and Political Neutrality in Context' in B Creighton and A Forsyth (eds), Exploring Collective Bargaining (Routledge 2012)

H Collins, 'Social Dumping, Multi-level Governance and Private Law in Employment Relationships' in D. Leczykiewicz, S.Weatherill (eds), The Impact of EU law on Private Law Relationships (Hart Publishing 2012)

A C L Davies, 'The Court of Justice as a Labour Court' in C Barnard and M Gehring with I Solanke (eds), Cambridge Yearbook of European Legal Studies (Hart 2012)

N Countouris, M Freedland and J Prassl, 'Social and Labour Law after the Financial Crisis: The UK' in S Laulom and E Mazuyer (eds), Le Droit Social des États Européens Après la Crise (Larcier 2012)

2011

H Collins, 'The Impossible Necessity of European Labour Law ' in S. Muller, S. Zouridis, M. Frishman and L. Kistemaker (eds), The Law of the Future and the Future of Law (Torkel Opsahl Academic EPublisher 2011) [...]

When the EC/EU was founded, it was believed that it would be unnecessary in the common market to regulate labour relations at the federal level, and also politically very difficult because each country had established a delicate legal balance between the interests of capital, labour, and government (the taxpayer). But this arrangement is probably no longer possible because of the free market in services and the growth of the service economy. Creating an EU labour law that balances the relative interests of the groups could present the EU with its greatest challenge so far, not just because it is politically controversial (both in the sense that the rules will be disputed and in the sense that many will dispute that the EU has a role at all), but also because it is doubtful that common rules would be suitable for the variety of capitalist institutional arrangements in the different countries, particularly the divergence between the corporatists arrangements of Germany and Scandinavia, on the one hand, and the more liberal market approach in the UK. But the EU would be well advised not to go down the route of the USA and its federal labour law for a number of reasons ? the uniform straightjacket has atrophied employment law, failed to adapt to a service economy, and also failed (as the recent health reform problems demonstrated) to join up labour market regulation with the development of a welfare system. So the EU needs to find some paradoxical solution which both achieves a uniform federal solution but at the same time is sensitive to local difference and capable of evolution. No easy task.


ISBN: 9788293081289

H Collins, 'Theories of Rights as Justifications for Labour Law' in G. Davidov and B. Langille (eds), The Idea of Labour Law (Oxford University Press 2011)

A C L Davies, 'Workers’ Human Rights in English Law' in Colin Fenwick and Tonia Novitz (eds), Legal Protection of Workers' Human Rights (Hart 2011)

2010

H Collins, 'Beyond the Third Way in Labour Law: Towards the Constitutionalization of Labour Law? ' in M. Kaino, M. Ishida, T. Uemura (eds), Comparative Law for Creative Law: Challenges for Immediate Actions ( 2010)

2005

A C L Davies, 'Should the EU have the power to set minimum standards for collective labour rights in the Member States?' in P. Alston (ed), Labour Rights as Human Rights (Oxford University Press 2005) [...]

This chapter in a volume of the Collected Courses of the Academy of European Law is based on a lecture series I gave at the European University Institute in Florence. It considers the EU's current role in the regulation of collective labour rights both internally and externally, and argues that the EU should have the power to set minimum standards for collective labour rights in the Member States.


ISBN: 0-19-928106-8

2004

M R Freedland and C Kilpatrick, 'The United Kingdom; how is EU governance transformative?' in Comparative Analysis of Employment Policy and the Regulation of Part-time Work in the European Union (Cambridge University Press 2004) [...]

The chapter on the United Kingdom in a volume of which the author is one of the editors,


ISBN: 0-521-84002-3

Edited books

2015

A Bogg (ed), The Autonomy of Labour Law (Hart 2015) (forthcoming)

A Bogg, C Costello, A C L Davies and J Prassl (eds), The Autonomy of Labour Law (Hart 2015)

A Bogg, C Costello, A Davies and J Prassl (eds), The Autonomy of Labour Law (Hart | Bloomsbury 2015) [...]

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. Reviewed: B Mak (2015) 44 ILJ


ISBN: 9781849466219

2014

A Bogg (ed), Voices at Work: Continuity and Change in the Common Law World (OUP 2014)

Internet Publications

2015

J Prassl and M Freedland, 'Zero-Hours Contracts: Zero Problem, or Zero Choice?' (2015) OxHRH

2014

J Prassl and B Jones, 'Les tribunaux du travail au Royaume-Uni: une évolution très politique' (2014) Metis

Case Notes

2015

Mimi Zou and J Goudkamp, 'Hounga v Allen' (2015) 29 Journal of Immigration, Asylum and Nationality Law 56

2014

J Prassl, 'Members, Partners, Employees, Workers? Partnership Law and Employment Status revisited. Clyde & Co LLP v Bates van Winkelhof' (2014) 43 ILJ 495

2013

A Bogg and T Novitz , 'Illegality and Race Discrimination ' (2013) Law Quarterly Review

J Prassl, 'Freedom of Contract as a General Principle of EU Law? Transfers of Undertakings and the Protection of Employer Rights in EU Labour Law (Case C-426/11 Alemo Herron v Parkwood Leisure)' (2013) 42 ILJ 434

2012

A C L Davies, 'Fixed-Term Employment in the European Schools: Secretary of State for Children, Schools and Families v Fletcher; Duncombe v Secretary of State for Children, Schools and Families' (2012) 2 European Labour Law Journal 182

2011

J Prassl, 'Interpreting Employment Protective Legislation: Gysda Cyf v Barrett' (2011) 40 ILJ 103

J Prassl, 'To Strike, To Serve? British Airways v Unite the Union (Nos 1&2)' (2011) 40 ILJ 82

2010

A Bogg, 'Sham self-employment in the Court of Appeal' (2010) 126 Law Quarterly Review 166 [...]

Analyses recent Court of Appeal developments on the concept of sham terms in personal employment contracts


2006

A C L Davies, 'Casual Workers and Continuity of Employment' (2006) 35 Industrial Law Journal 196 [...]

DOI: 10.1093/indlaw/dwl015

Casenote on Cornwall CC v Prater (CA)


ISBN: 0305 9332

Others

2013

A Bogg and K Ewing, 'The Political Attack on Workplace Representation: a Legal Response' (2013) IER

A Bogg, 'Voices at Work: Australia' special issue' (2013) Adelaide Law Review

2012

A Bogg, 'Voices at work' special issue' (2012) Comparative Labour Law and Policy Journal

Presentation/Conference contributions

2004

M R Freedland and PL Davies, 'The role of EU employment law and policy in the de-marginalisation of part-time work', paper presented at Cambridge University Press 63 [...]

An overview chapter in a volume of which the author is one of the editors, being a Comparative Analysis of Employment Policy and the Regulation of Part-time Work in the European Union.


ISBN: 0-521-84002-3

Reviews
Working Papers

2015

A Adams, M Freedland and J Prassl, 'The \"Zero-Hours Contract\": Regulating Casual Work, or Legitimating Precarity?' (2015) Oxford Legal Studies Research Paper 00/2015 | ELLN Research Paper 05/2015 [...]

Zero-Hours Contracts have become one of the most high-profile employment law issues of recent years. In this article, we analyse the legal and empirical evidence of work under Zero-Hours arrangements and suggest that whilst a legal engagement with Zero-Hours Contracts as an unresolved labour market problem is long overdue, the current discourse surrounding these work arrangements is fundamentally flawed: there is no such thing as the Zero-Hours Contract as a singular category; the label serves as no more than a convenient shorthand for masking the explosive growth of precarious work for a highly fragmented workforce. Ongoing attempts at regulating Zero-Hours Contracts thus constitute a significant shift towards the normalisation of all but the most extreme forms of abusive employment arrangements, leaving a rapidly increasing number of workers without recourse to employment protective norms. In concluding, we indicate ways towards a more coherent approach to the de-normalisation and progressive regulation of this large and growing set of casual work arrangements. Also published as ELLN Research Paper 05/2015 at http://www.labourlawnetwork.eu/frontend/file.php?id=769&dl=1 (ISSN 2197-1102)


ISBN: ISSN 2197-1102

2013

J Prassl, 'Shares for Rights? The New Employee Shareholder Status in the United Kingdom' (2013) ELLN Working Paper No. 1

Reports

2013

J Prassl, 'Regulating Sub-Contracting Through a Functional Definition of the Employer' (NELP/AFL-CIO 2013)

2012

J Prassl, N Countouris and M Freedland, 'Implementing Employee-Owner Status' (IER 2012)

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

Labour Law

Issues in labour law affect most people during their working lives. What rights does a worker have if he or she is dismissed? Is there a right to strike? What can the law do about discrimination? This is a rapidly changing field, particularly in the past decade, which has witnessed a transformation in labour law. Most major industrial disputes are now fought out in the courts rather than on the shop-floor, in stark contrast with the traditional view that strikes are best resolved by the parties themselves. Of growing importance is the impact of EU law on British labour law, particularly in the field of discrimination. Labour law will be of considerable interest to anyone who is concerned with the interaction between law, politics and society. All British governments in recent decades have regarded policies on labour law as central to their political programmes.

Labour Law is also useful in practice. Many young barristers acquire invaluable experience by appearing before employment tribunals; and most solicitors’ firms, whether in the City or elsewhere, require specialists in employment law. It remains truer than ever that “the law governing labour relations is one of the centrally important branches of the law - the legal basis on which the very large majority of people earn their living. No-one should be qualified as a lawyer - professionally or academically - who has not mastered its principles.” (Kahn-Freund).

The course covers the law concerning individual employment law (including discrimination law), as well as trade unions, industrial action and collective bargaining. The student is not expected to acquire a detailed knowledge of the whole of this relatively large and complex field, but to pick out the central themes, and integrate them into a wider social and theoretical context.

The main relevant statutes are supplied to examination candidates. It has normally been the case that candidates are not expected to have detailed knowledge of any legislation which has not received the Royal Assent by the beginning of the calendar year in which the examination takes place. Candidates will be required to answer four questions from a choice of twelve.

The subject is taught by means of a programme of lectures/seminars in Michaelmas and Hilary Terms, and by college tutorials which are co-ordinated with them.

Diploma in Legal Studies

Labour Law

Issues in labour law affect most people during their working lives. What rights does a worker have if he or she is dismissed? Is there a right to strike? What can the law do about discrimination? This is a rapidly changing field, particularly in the past decade, which has witnessed a transformation in labour law. Most major industrial disputes are now fought out in the courts rather than on the shop-floor, in stark contrast with the traditional view that strikes are best resolved by the parties themselves. Of growing importance is the impact of EU law on British labour law, particularly in the field of discrimination. Labour law will be of considerable interest to anyone who is concerned with the interaction between law, politics and society. All British governments in recent decades have regarded policies on labour law as central to their political programmes.

Labour Law is also useful in practice. Many young barristers acquire invaluable experience by appearing before employment tribunals; and most solicitors’ firms, whether in the City or elsewhere, require specialists in employment law. It remains truer than ever that “the law governing labour relations is one of the centrally important branches of the law - the legal basis on which the very large majority of people earn their living. No-one should be qualified as a lawyer - professionally or academically - who has not mastered its principles.” (Kahn-Freund).

The course covers the law concerning individual employment law (including discrimination law), as well as trade unions, industrial action and collective bargaining. The student is not expected to acquire a detailed knowledge of the whole of this relatively large and complex field, but to pick out the central themes, and integrate them into a wider social and theoretical context.

The main relevant statutes are supplied to examination candidates. It has normally been the case that candidates are not expected to have detailed knowledge of any legislation which has not received the Royal Assent by the beginning of the calendar year in which the examination takes place. Candidates will be required to answer four questions from a choice of twelve.

The subject is taught by means of a programme of lectures/seminars in Michaelmas and Hilary Terms, and by college tutorials which are co-ordinated with them.


People

Labour/Employment Law teaching is organized by a Subject Group convened by:

Alan Bogg: Professor of Labour Law

in conjunction with:

Hugh Collins: Vinerian Professor
Cathryn Costello: Andrew W. Mellon Associate Professor in International Human Rights and Refugee Law
Anne Davies: Professor of Law and Public Policy
Sandra Fredman: Rhodes Professor of the Laws of the British Commonwealth and the United States
Jeremias Prassl: Associate Professor of Law


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