Industrial Law Journal最新文献_第7页

Pay Transparency, Information Access Rights and Data Protection Law: Exploring Viable Alternatives to Disclosure Orders in Equal Pay Litigation 薪酬透明度、信息访问权和数据保护法:探索同工同酬诉讼中披露令的可行替代方案

IF 1 4区社会学

Industrial Law Journal Pub Date : 2023-02-09 DOI: 10.1093/indlaw/dwac028

Victoria E. Hooton, Henry Pearce

{"title":"Pay Transparency, Information Access Rights and Data Protection Law: Exploring Viable Alternatives to Disclosure Orders in Equal Pay Litigation","authors":"Victoria E. Hooton, Henry Pearce","doi":"10.1093/indlaw/dwac028","DOIUrl":"https://doi.org/10.1093/indlaw/dwac028","url":null,"abstract":"\u0000 Equal pay litigation is often highly technical, with a drawn out and costly legal battle for claimants. This is somewhat because of the way equal pay law is constructed, as the requirement to have specific, named comparators can be an area of intense dispute. The complexity and length of cases look set to increase as the parameters of equal pay for work of equal value are explored, and occupational segregation is challenged in the employment tribunals and courts. This article considers one of the largest obstacles to quick and efficient equal pay litigation: the imbalance of access to information between employer and employee. The difficulties of applications for disclosure orders are discussed, alongside pay transparency measures and the recent proposals for a right to direct access to a suspected comparator’s pay data. We consider whether the proposed right is a viable, swifter route to information parity and greater efficiency in equal pay litigation, in light of the experience of freedom of information requests regarding equal pay. Specifically, we note the tension that may arise between the ‘Right to Know’ a comparator’s pay, and the data protection obligations of the employer.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73802307","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

We’re Miles Apart: Disproportionate Deductions from Wages, Industrial Action and Human Rights 我们相距甚远:不相称的工资扣减、工业行动和人权

IF 1 4区社会学

Industrial Law Journal Pub Date : 2023-02-01 DOI: 10.1093/indlaw/dwac037

Dave Mead

引用次数: 0

Introducing Fair Work through ‘Soft’ Regulation in Outsourced Public Service Networks: Explaining Unintended Outcomes in the Implementation of the Scottish Living Wage Policy 通过外包公共服务网络中的“软”监管引入公平工作:解释苏格兰生活工资政策实施中的意外结果

IF 1 4区社会学

Industrial Law Journal Pub Date : 2022-10-28 DOI: 10.1093/indlaw/dwac023

Ian Cunningham, Philip James, Alina Baluch, Anne-Marie Cullen

{"title":"Introducing Fair Work through ‘Soft’ Regulation in Outsourced Public Service Networks: Explaining Unintended Outcomes in the Implementation of the Scottish Living Wage Policy","authors":"Ian Cunningham, Philip James, Alina Baluch, Anne-Marie Cullen","doi":"10.1093/indlaw/dwac023","DOIUrl":"https://doi.org/10.1093/indlaw/dwac023","url":null,"abstract":"Using a regulatory analysis from Martinez Lucio and Mackenzie (2014 and 2016), this study contributes to debates concerning the capacity of ‘soft’ regulation to advance employment conditions and outcomes. This study explores the implementation of a real living wage policy for employees in outsourced Scottish social care. Despite employer compliance in implementing the living wage, it had a mixed impact on the income of workers and did not improve staff recruitment and retention. The theoretical framework challenges recent optimistic views concerning the impact of such regulation by revealing unintended and problematic consequences, such as problems with differentials and providers walking away from contracts. It further reveals how actor roles, interests, power resources and inter-relationships, as well as surrounding structural contextual influences (austerity, marketisation and engrained values and processes in political settlements), interacted to shape these outcomes. Insights from this study include that ‘soft’ regulation was unable to create conditions for actors such as trade unions, employers and non-governmental organisations to colonise or seize the regulatory space to secure the full benefits of the Scottish Living Wage. The political settlement with the Scottish Government allowed local authorities to retain coercive control over other actors in the regulatory space. Employers and trade unions were further hindered by lack of unity and continued isolation from decisions, respectively. Surrounding economic and ideological restrictions imposed by the central UK government’s austerity agenda, and the retention of powers over employment regulation added to the failure of these ‘soft’ measures to increase pay and improve recruitment and retention in social care.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138506247","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

From ‘Code’ to ‘Guidance’: Revising the Instrument on Data and Employment 从“守则”到“指引”:修订数据与就业文书

IF 1 4区社会学

Industrial Law Journal Pub Date : 2022-09-14 DOI: 10.1093/indlaw/dwac021

Aislinn Kelly-Lyth, Halefom H. Abraha, Jeremias Adams-Prassl

引用次数: 0

A History of Regulating Working Families: Strains, Stereotypes, Strategies and Solutions 管理工薪家庭的历史:压力、刻板印象、策略和解决方案

IF 1 4区社会学

Industrial Law Journal Pub Date : 2022-09-01 DOI: 10.1093/indlaw/dwac026

A. Zbyszewska

引用次数: 0

Strategic Injustice and the 1984–85 Miners’ Strike in Scotland 策略性不公正与1984-85年苏格兰矿工罢工

IF 1 4区社会学

Industrial Law Journal Pub Date : 2022-08-27 DOI: 10.1093/indlaw/dwac017

J. Phillips

{"title":"Strategic Injustice and the 1984–85 Miners’ Strike in Scotland","authors":"J. Phillips","doi":"10.1093/indlaw/dwac017","DOIUrl":"https://doi.org/10.1093/indlaw/dwac017","url":null,"abstract":"\u0000 Justice was sorely experienced by Scottish miners in the strike against pit closures and redundancies in 1984–85. In Scotland strikers were arrested by police officers at twice the rate of those in England and Wales and were three times more likely to be dismissed from employment by the National Coal Board. Analysis uses Gramsci as guide: Margaret Thatcher’s Conservative government was engaged in an anti-trade union war of position as well as a war of manoeuvre. In Scotland, despite the strike’s legality, police officers and NCB officials outmanoeuvred the strikers by criminalising and victimising their local leaders. Arrests and relatively innocuous public-order convictions were followed by punitive sackings which reinforced the government’s positional untruths about the strike. This targeted action was strategic: to defeat the strike; and weaken opposition to the closure of some collieries while intensifying production at others. The subsequent acceleration of deindustrialisation was a further injustice. In contributing to further political divergence within the UK, however, it provided a route to restorative justice for former strikers and their supporters in Scotland. In 2022 the Scottish Parliament provided a collective and posthumous pardon for more than 500 people with strike-related convictions in Scottish courts.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77083062","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

How Effective Is Private Dispute Resolution? Evidence From Ireland 私人纠纷解决有多有效?来自爱尔兰的证据

IF 1 4区社会学

Industrial Law Journal Pub Date : 2022-07-25 DOI: 10.1093/indlaw/dwac018

W. Roche

{"title":"How Effective Is Private Dispute Resolution? Evidence From Ireland","authors":"W. Roche","doi":"10.1093/indlaw/dwac018","DOIUrl":"https://doi.org/10.1093/indlaw/dwac018","url":null,"abstract":"\u0000 This article examines the effectiveness of private dispute resolution arrangements (PDRAs) established voluntarily by employers and unions in private- and public-sector firms and agencies in Ireland. PDRAs comprise three-person panels or sole adjudicators and combine binding or non-binding adjudication with internal mediation. PDRAs seek to rewrite the established rules and conventions governing dispute resolution within workplaces and to change the ways in which internal dispute resolution is aligned with external dispute resolution by state agencies. The majority of the eleven PDRAs examined are shown to be effective. One is described as ‘semi-dormant’ and two are shown to be less effective. Variations in the effectiveness of PDRAs are attributed to features of the internal and external contexts of the firms and agencies in which they have been established: the persistence of significant commercial and industrial relations challenges; the absence of disjunctures in organisations or industrial relations; the presence of champions; and the effects of industrial relations legacies. The paper contributes to the literature by systematically accounting for variations in the effectiveness of adjudication and arbitrations arrangements and concludes by considering whether the incidence of PDRAs is likely to continue rising.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-07-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90806016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Expansion of Wage Theft Legislation in Common Law Countries—Should Ireland be Next? 英美法系国家工资盗窃立法的扩张——爱尔兰应该是下一个吗?

IF 1 4区社会学

Industrial Law Journal Pub Date : 2022-07-22 DOI: 10.1093/indlaw/dwac019

M. O'Sullivan

{"title":"The Expansion of Wage Theft Legislation in Common Law Countries—Should Ireland be Next?","authors":"M. O'Sullivan","doi":"10.1093/indlaw/dwac019","DOIUrl":"https://doi.org/10.1093/indlaw/dwac019","url":null,"abstract":"\u0000 While employment laws exist to protect workers from the unfair exploitation, evidence suggests that wage theft is a prominent practice. Wage theft has received considerable public policy attention in several common law countries leading to the introduction of new legislation on the basis that existing legal regulations were inadequate and because the effects of wage theft are particularly deleterious for low-wage workers. Wage theft though remains underexplored in an Irish policy context. This article examines whether Ireland needs stronger laws to address wage theft by assessing if existing minimum wage and working time employment legislation provide an effective remedy for workers. The analysis finds that Irish laws already contain many provisions which new wage theft laws in other jurisdictions have introduced, suggesting radically new legislation is not needed. Several features of existing laws though obstruct workers in seeking remedy for underpayments and require amendment. Changing legislation, however, will likely be insufficient for an effective enforcement regime and it must be supplemented by statutory support for collective representation and enhancing labour inspectorate capacity to act on workers’ behalf.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85511098","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Nonwaivability of Labour Rights, Individual Waivers and the Emancipatory Function of Labour Law 劳动权利的不可放弃性、个人放弃与劳动法的解放功能

IF 1 4区社会学

Industrial Law Journal Pub Date : 2022-07-22 DOI: 10.1093/indlaw/dwac020

Vladimir Bogoeski

{"title":"Nonwaivability of Labour Rights, Individual Waivers and the Emancipatory Function of Labour Law","authors":"Vladimir Bogoeski","doi":"10.1093/indlaw/dwac020","DOIUrl":"https://doi.org/10.1093/indlaw/dwac020","url":null,"abstract":"\u0000 This paper intervenes in ongoing discussions on emerging legislation and jurisprudence across jurisdictions offering employees the possibility to renounce established labour rights through individual labour rights waivers. Building on discussions about consent and coercion in the employment relationship, the paper argues that individual labour rights waivers in most cases undermine labour law’s overall emancipatory potential, as they reverse the decommodifying effects of nonwaivable labour rights by re-appropriating the capitalist market logic that those very rights seek to offset. The paper’s intervention is twofold. It first develops the argument about the emancipatory function of labour law, and uses it to examine the negative effects of individual waivers on labour law’s capacity to emancipate working people and society at large. Second, the paper introduces a jurisdiction that until now has not been considered in the discussions on individual waivers, namely Germany. Although discussions on individual waivers in the scholarly discourse in Germany are marginal, the paper examines what current exceptions to nonwaivability might qualify as waivers, and argues that the reasons why individual labour rights waivers are less present lie in the strong collective dimension of the ideational framework that underpins German labour law.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2022-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87189671","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

The Influence of the EU on UK Labour Law—Before and After Brexit 英国脱欧前后欧盟对英国劳动法的影响

IF 1 4区社会学

Industrial Law Journal Pub Date : 2022-07-06 DOI: 10.1093/indlaw/dwac016

P. Syrpis

引用次数: 2