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.
Publications
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Showing all 35 Labour/Employment Law publications currently held in our database
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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 (forthcoming)
A Bogg, 'Bournemouth University v Buckland: Re-establishing Orthodoxy at the Expense of Coherence?' (2010) Industrial Law Journal 408
A C L Davies, 'Casual Workers and Continuity of Employment' (2006) 35 Industrial Law Journal 196 [Case Note] [...]
A C L Davies, 'Developments in English Labour/Employment Law 2004-2007' (2008) 2 Europaische Zeitschrift fur Arbeitsrecht 267
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
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 [Case Note]
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
A C L Davies, 'Identifying ‘Exploitative Compromises’: The Role Of Labour Law In Resolving Disputes Between Workers' (2012) Current Legal Problems [...]
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, '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 Bogg and T Novitz, 'Investigating \\\\\\\'Voice\\\\\\\' at Work' (2012) Comparative Labor Law and Policy Journal (forthcoming)
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 Bogg, 'Michael Sandel and Trade Union Rights' (2012) International Union Rights (forthcoming)
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 C L Davies, 'One step forward, two steps back? The Viking and Laval cases in the ECJ' (2008) 37 Industrial Law Journal 126
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
A C L Davies, 'Recent Developments in Labour Law in the United Kingdom' (2012) Europaische Zeitschrift für Arbeitsrecht
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)
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, '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.
A Bogg, 'Sham self-employment in the Court of Appeal' (2010) 126 Law Quarterly Review 166 [Case Note] [...]
Analyses recent Court of Appeal developments on the concept of sham terms in personal employment contracts
A Bogg, 'Sham Self-Employment in the Supreme Court' (2012) forthcoming Industrial Law Journal
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
A C L Davies, 'The contract for intermittent employment' (2007) 36 Industrial Law Journal 102 [...]
Elaborates on Mark Freedland's work on the contract for intermittent employment in his book, The Personal Employment Contract.
ISBN: 0305-9332
A Bogg, 'The Death of Statutory Union Recognition in the United Kingdom' (2012) Journal of Industrial Relations (Australia) (forthcoming)
A Bogg, The Democratic Aspects of Trade Union Recognition (Hart 2009)
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 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 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, 'The Right to Strike Versus Freedom of Establishment in EC Law: The Battle Commences' (2006) 35 Industrial Law Journal 75 [...]
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
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
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
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
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)
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.
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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.
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Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
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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.
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Postgraduate
BCL
Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds
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International and European Employment Law
This course has the aim of providing a general understanding of international labour or employment law. For this purpose, the course compares and contrasts international labour standards with those of the EU, particularly by examining the interaction between the international labour standards which have been developed and maintained by the International Labour Organisation and those of the EU's laws and policies.
Recent decades have witnessed a series of transformations of the aims of the European Union. The founding assumption in the Treaty of Rome that economic integration would naturally bring about social development has been abandoned. The Treaty of Amsterdam included a proper legal basis for EU employment law and strengthened and expanded EU equality law. The Treaty of Lisbon elevated the status of the EU Charter of Fundamental Rights, with its extensive social and labour rights content. Yet, the social dimension of the EU remains contested, and arguably subordinated, to policies designed to maximize the competitiveness and flexibility of the European labour market, in particular in order to create employment under the European Employment Strategy. Meanwhile, significant evolutions have also occurred in the policies and strategies of the ILO itself; and all these evolutions now have to respond to a growing sense of economic and social crisis which is both European and global.
This course aims to develop a critical perspective whereby students can assess these developments against the background of international labour rights and labour standards, including those of the International Labour Organisation and the Council of Europe (both ECHR and European Social Charter and Revised European Social Charter). It will begin with an examination of the development of the roles of the ILO and the EU in employment law from a historical, theoretical and institutional perspective, and proceed to focus on particular rights and issues, most notably, the right to collective bargaining and action and strike; the right to participate in enterprise governance; the right to job security and ‘fair and just working conditions’; and the right to equality in employment across various grounds, in particular sex, race, age, disability, sexual orientation and religion. These rights will be studied in depth to illustrate the complex interplay between the EU and international norms, and between various forms and sources of protection.
The course does not presuppose that students should have taken an undergraduate labour law or EU law course. The course will be taught in a varied format, including six or more seminars in Michaelmas Term and six or more in Hilary Term. The teaching is coordinated by Dr Alan Bogg, and the course will this year be taught by him with Dr Cathryn Costello, Professor Anne Davies, Professor Mark Freedland and Professor Sandra Fredman. Other academics will also contribute from time to time in areas of their particular expertise. There will be tutorials to back up the seminars, each student receiving to up to four tutorials from a wide menu. These tutorials are offered throughout the academic year, in order to give practice in writing essays in this subject.
Any students who would like to discuss this course further are encouraged to contact one of the members of the teaching group.
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MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
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International and European Employment Law
This course has the aim of providing a general understanding of international labour or employment law. For this purpose, the course compares and contrasts international labour standards with those of the EU, particularly by examining the interaction between the international labour standards which have been developed and maintained by the International Labour Organisation and those of the EU's laws and policies.
Recent decades have witnessed a series of transformations of the aims of the European Union. The founding assumption in the Treaty of Rome that economic integration would naturally bring about social development has been abandoned. The Treaty of Amsterdam included a proper legal basis for EU employment law and strengthened and expanded EU equality law. The Treaty of Lisbon elevated the status of the EU Charter of Fundamental Rights, with its extensive social and labour rights content. Yet, the social dimension of the EU remains contested, and arguably subordinated, to policies designed to maximize the competitiveness and flexibility of the European labour market, in particular in order to create employment under the European Employment Strategy. Meanwhile, significant evolutions have also occurred in the policies and strategies of the ILO itself; and all these evolutions now have to respond to a growing sense of economic and social crisis which is both European and global.
This course aims to develop a critical perspective whereby students can assess these developments against the background of international labour rights and labour standards, including those of the International Labour Organisation and the Council of Europe (both ECHR and European Social Charter and Revised European Social Charter). It will begin with an examination of the development of the roles of the ILO and the EU in employment law from a historical, theoretical and institutional perspective, and proceed to focus on particular rights and issues, most notably, the right to collective bargaining and action and strike; the right to participate in enterprise governance; the right to job security and ‘fair and just working conditions’; and the right to equality in employment across various grounds, in particular sex, race, age, disability, sexual orientation and religion. These rights will be studied in depth to illustrate the complex interplay between the EU and international norms, and between various forms and sources of protection.
The course does not presuppose that students should have taken an undergraduate labour law or EU law course. The course will be taught in a varied format, including six or more seminars in Michaelmas Term and six or more in Hilary Term. The teaching is coordinated by Dr Alan Bogg, and the course will this year be taught by him with Dr Cathryn Costello, Professor Anne Davies, Professor Mark Freedland and Professor Sandra Fredman. Other academics will also contribute from time to time in areas of their particular expertise. There will be tutorials to back up the seminars, each student receiving to up to four tutorials from a wide menu. These tutorials are offered throughout the academic year, in order to give practice in writing essays in this subject.
Any students who would like to discuss this course further are encouraged to contact one of the members of the teaching group.
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People
Labour/Employment Law teaching is organized by a Subject Group convened by:
Alan Bogg: Professor of Labour Law
in conjunction with:
Cathryn Costello: Fellow and Tutor in EU and Public Law
Anne Davies: Professor of Law and Public Policy
Sandra Fredman: Rhodes Professor of the Laws of the British Commonwealth and the United States

