Putting human rights to work : labour law, The ECHR, and the employment relation/ Philippa Collins

Format:

Book

Author/Creator:

Collins, Philippa, author.

Series:

Oxford Academic

Oxford scholarship online

Language:

English

Subjects (All):

Human rights.

Bill of Rights.

Physical Description:

1 online resource (257 pages)

Edition:

1st ed.

Place of Publication:

Oxford: Oxford University Press, 2022

Summary:

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 Rights 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. The book culminates in the proposal and elaboration on 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.

Contents:

Table of Contents: Abbreviations - Table of Cases - Table of Legislation - Introduction - Part I:The Role of Human Rights in Labour (Law) - 1. Why Must We Protect the Human Rights of Workers? - 2. The Role of Human Rights in Labour Law - 3. Labour Law, the European Convention on Human Rights, and the States' Positive Obligations - Part II:Under Pressure: The Current Framework of Labour Rights - 4. The Existing Patchwork of Rights Protection - 5. The Relational Scope of Labour Rights: Employees Only? - 6. Human Rights and the Law of Unfair Dismissal - Part III:The Future of Human Rights at Work - 7. Human Rights and the Common Law of the Contract of Employment - 8. The Merits of Contractual Human Rights Protection - 9. A Bill of Rights for Workers - Bibliography - Index

Notes:

Includes bibliographical references and index.

Includes bibliographical references and index

Other Format:

Print version: Collins, Philippa M. Putting Human Rights to Work

ISBN:

0-19-191552-1

0-19-264738-5

OCLC:

1336403519