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Author: Declan O'Dempsey Publisher: ISBN: 9780853085966 Category : Labor laws and legislation Languages : en Pages : 374
Book Description
This text examines the compatibility of UK employment law with the European Convention on Human Rights and, in particular, the potential impact on three main areas: individual employment law, where the process of bringing a case before the employment tribunal and the terms and conditions of employees working for public bodies may fall foul of Article 6 (The Right to a Fair Trial); collective employment law, where the law relating to trade unions and industrial action is examined, in the light of Article 11 (Freedom of Assembly); and discrimination law, with the requirements of Article 14 (Prohibition of Discrimination) and previous decisions of the European Court of Justice).
Author: Declan O'Dempsey Publisher: ISBN: 9780853085966 Category : Labor laws and legislation Languages : en Pages : 374
Book Description
This text examines the compatibility of UK employment law with the European Convention on Human Rights and, in particular, the potential impact on three main areas: individual employment law, where the process of bringing a case before the employment tribunal and the terms and conditions of employees working for public bodies may fall foul of Article 6 (The Right to a Fair Trial); collective employment law, where the law relating to trade unions and industrial action is examined, in the light of Article 11 (Freedom of Assembly); and discrimination law, with the requirements of Article 14 (Prohibition of Discrimination) and previous decisions of the European Court of Justice).
Author: Robin Allen Publisher: Oxford University Press, USA ISBN: 9780198783978 Category : Law Languages : en Pages : 0
Book Description
This comprehensive guide to the impact of the Human Rights Act on UK employment law addresses the basic concepts of convention law and provides a summary of the key convention rights.
Author: Philippa Collins Publisher: Oxford University Press ISBN: 0192647385 Category : Law Languages : en Pages : 257
Book Description
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.
Author: Frederick Cowell Publisher: Routledge ISBN: 1315310031 Category : Law Languages : en Pages : 222
Book Description
Since its inception in 1998 the Human Rights Act (HRA) has come in for a wide variety of criticism on legal, constitutional, political and cultural grounds. More recently, this criticism escalated significantly as politicians have seriously considered proposals for its abolition. This book examines the main arguments against the HRA and the issues which have led to public hostility against the protection of human rights. The first part of the book looks at the legal structures and constitutional aspects of the case against the HRA, including the criticism that the HRA is undemocratic and is used by judges to subvert the will of parliament. The second part of the book looks at specific issues, such as immigration and terrorism, where cases involving the HRA have triggered broader public concerns about the protection of human rights. The final section of this book looks at some of the structural issues that have generated hostility to the HRA, such as media coverage and the perception of the legal profession. This book aims to unpick the complex climate of hostility that the HRA has faced and examine the social, political and legal forces that continue to inform the case against the HRA.
Author: Robin Allen (QC.) Publisher: Oxford University Press, USA ISBN: Category : Language Arts & Disciplines Languages : en Pages : 584
Book Description
"The new edition of Employment Law and Human Rights examines the continuing impact of the Human Rights Act 1998 and recent equality legislation on employment law.
Author: Christopher Baker Publisher: ISBN: Category : Political Science Languages : en Pages : 570
Book Description
This is a high level introduction to an enormously important piece of legislation, the Human Rights Act 1998. It explains what the Act does and what Convention law (under the European Convention) is and how it works. The text sets out what Convention law exists and shows how the Act may affect domestic law and practice in these areas, and assembles the legal material in a way that is accessible, practical and understandable to both specialists and general practitioners. The book pulls together the knowledge and expertise of some of the leading practitioners in the areas affected by the Act. It includes: - Tax law - Planning law - Employment law - Public law - Housing law - Social welfare law - Family and child law - Criminal justice.
Author: John Wadham Publisher: Blackstone Press ISBN: Category : Law Languages : en Pages : 334
Book Description
The Human Rights Act 1998 and the incorporation of the European Convention on Human Rights should have a significant impact in the constitutional balance between the citizen and the state. The Act ensures that the rights in the Convention are binding on all public bodies or those that exercise public functions.
Author: Helmut P. Aust Publisher: Edward Elgar Publishing ISBN: 1839108347 Category : Law Languages : en Pages : 296
Book Description
This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
Author: Declan O'Dempsey
Author: Declan O'Dempsey
Author: Robin Allen
Author: Philippa Collins
Author: Frederick Cowell
Author: Robin Allen (QC.)
Author: Christopher Baker
Author: John Wadham
Author: 
Author: Equality and Human Rights Commission
Author: Helmut P. Aust