1,721,024 research outputs found
Automated management and liability for digital discrimination under the Equality Act 2010
No full textHuman Rights at Work - Reimagining Employment Law
No full textReview of Human Rights at Work - Reimagining Employment Law by Alan Bogg, Hugh Collins, ACL Davies and Virginia Mantouvalou [Oxford: Hart Publishing, 2024,325pp, 9781509938742]
Managerial authority and digital monitoring at work
No full textThis paper examines the boundaries of legitimate digital monitoring in the workplace, at the level of both normative theory and legal doctrine. Although monitoring at work is far from a new phenomenon, the paper identifies how digitalisation of this surveillance creates novel risks to workers’ human rights and autonomy due to quantitative and qualitative differences from previous managerial practices. Against this backdrop, the article considers the extent to which managerial authority over workplace monitoring practices is, and should be, constrained by the law
Taking human rights seriously at work: the past, present and future of employment law
No full textHuman rights are increasingly adopted as a perspective on employment law and the regulation of work. Yet there remains a lack of clarity over key questions such as how the relationship between employment law and human rights should be understood, why human rights law has had limited impact in this context and whether/how it might more effectively advance workers’ interests. This article uses the academic writings and judicial decisions of Sir Patrick Elias as a lens through which to consider these issues. It makes three central contributions, relating, respectively, to the past, present and future of employment law and human rights. First, it is suggested that employment law be reimagined so that human rights are a central and foundational concern, with a core goal of employment law being to ensure that human rights are taken seriously at work. Second, by reference to Elias’ scholarship and leading decisions, the article identifies the systemic barriers that mainstream interpretations of human rights law create to the protection of workers’ human rights. Finally, the article outlines potential future applications of human rights law in the employment context which, together, would represent a significant step towards a more comprehensive framework for protecting workers, that takes human rights seriously at work
Zero-hours contracts and english employment law: developments and possibilities
Full text linkThe UK has seen a dramatic growth in precarious work over recent decades, including the amorphous category of ‘zero-hours contracts’ which are often regarded as a paradigm example of an exploitative and insecure form of work. Although somewhat overshadowed by litigation and debates surrounding the gig-economy, the regulation of zero hours work continues to be a pressing issue in the UK, and important questions as to the rights that are, and should be, available to individuals with these contracts remain unanswered. This article sets out the detrimental effects that zero hours working arrangements have in the absence of adequate regulatory safeguards and argues that the orthodox treatment of zero hours contracts under English law, and the standard tools of employment law, fail to protect against these economic and social harms. The article then assesses the extent to which recent legislative and common law developments improve the position of zero hours workers, and whether existing legislation might be creatively applied to better protect these individuals. While current statutory frameworks, including reforms and legislation aimed at regulating atypical work, fall short of adequately protecting zero hours workers, the ‘purposive approach’ to employment status developed by the Supreme Court in Uber makes it considerably easier for zero hours contracts to be brought within the protective scope of employment law. It is argued that under this approach many individuals with supposedly ‘zero hours’ working arrangements should in fact now be regarded as employees with overarching contracts of employment. Despite the significance of this, however, it is ultimately concluded that further statutory intervention is necessary to effectively regulate zero hours work in the UK
Implied terms and human rights in the contract of employment
No full textThis article considers the potential for implied terms in the contract of employment to protect employees’ human rights. The slim prospects of legislative action in this area make it important to consider common law means of protecting human rights at work. Part 2 begins by setting out the function of implied terms in the contract of employment and the various ways human rights can affect the legal regulation of the employment relationship. Part 3 considers the extent to which the implied term of trust and confidence can protect employees’ human rights. While there are numerous points of overlap between trust and confidence and human rights, both the scope of the implied term and the level of protection it provides mean that it is currently an inadequate mechanism for protecting human rights at work. Part 4 then assesses the prospects of a new human rights term being implied into the contract of employment using the existing tests for terms implied ‘in fact’ and ‘in law’, and develops a prima facie case in favour of implying a human rights protective term into all employment contracts as a default rule
Regulating for the future of work: Algorithmic management and the digital transformation of work
No full textPlatform domestic and childcare work: centring labour rights in the formalisation debate
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