This book features essays by leading legal scholars on 'landmark' labour law cases from the mid-19th century to the present day. The essays are acutely sensitive to the historical and theoretical context of each case, and the volume provides original and sometimes startling new perspectives on some familiar friends. There are few activities as distinctively human as work and labour. The book traces the development of labour law through the social struggles and economic conflicts between workers, trade unions, and employers. The narrative arc of its landmark cases reveals the richness and complexity of the human story played out in the working lives of real people. It also charts the remarkable transformation of the constitutional role of courts in labour law, from instruments of class oppression to the vindication of workers' fundamental rights at work. The collection will be of interest to students, scholars, and legal practitioners in labour and equality law, as well as students in management studies, industrial relations, and labour history.
This book features essays by leading legal scholars on 'landmark' labour law cases from the mid-19th century to the present day. The essays are acutely sensitive to the historical and theoretical context of each case, and the volume provides original and sometimes startling new perspectives on some familiar friends. There are few activities as distinctively human as work and labour. The book traces the development of labour law through the social struggles and economic conflicts between workers, trade unions, and employers. The narrative arc of its landmark cases reveals the richness and complexity of the human story played out in the working lives of real people. It also charts the remarkable transformation of the constitutional role of courts in labour law, from instruments of class oppression to the vindication of workers' fundamental rights at work. The collection will be of interest to students, scholars, and legal practitioners in labour and equality law, as well as students in management studies, industrial relations, and labour history.
Introduction: A Brief Cartography of Landmarks in Labour Law
Jeremias Adams-Prassl (University of Oxford, UK), Alan Bogg
(University of Bristol, UK) and ACL Davies (University of Oxford,
UK)
1. Riley v Warden – A Landmark Case?
Zoe Adams (University of Cambridge, UK)
2. Hornby v Close (1867): Freedom of Contract and Freedom of
Trade
Joanna McCunn (University of Bristol, UK)
3. Devonald v Rosser and Sons (1906): Avoiding One-Sidedness in
Contracts for Personal Performance of Work
Astrid Sanders (London School of Economics, UK)
4. Financing the Parliamentary Representation of Labour:
Amalgamated Society of Railway Servants v Osborne
David Cabrelli (University of Edinburgh, UK)
5. Rookes’ Tale
Roderick Bagshaw (University of Oxford, UK)
6. Grunwick Processing Laboratories Ltd v ACAS: The Social
Contract, Trade Union Recognition, and the Rule of Law
KD Ewing (King’s College London, UK)
7. Iceland Frozen Foods Ltd v Jones (1982): Fairness, Forty Years
on
Philippa Collins (University of Bristol, UK)
8. O’Kelly v Trusthouse Forte PLC: A Landmark of Legalism
ACL Davies (University of Oxford, UK)
9. A Half-Forgotten Landmark: Enderby v Frenchay and the Continuing
Challenges of Equal Pay Laws
Sandra Fredman (University of Oxford, UK)
10. Wilson and Palmer: A Biographical Portrait of a Landmark
Case
Alan Bogg (University of Bristol, UK)
11. Malik v BCCI: The Impact of Good Faith
Douglas Brodie (University of Strathclyde, UK)
12. Johnson v Unisys Ltd (2001): A Compelling Constitutional Vision
of Common Law and Statute?
Joe Atkinson (University of Sheffield, UK)
13. Autoclenz v Belcher (2011): Divining ‘The True Agreement
Between the Parties’
Jeremias Adams-Prassl (University of Oxford, UK)
14. Headscarves, Tolerance and EU Law: Achbita, Bougnaoui and
WABE
Catherine Barnard (University of Cambridge, UK)
Focusing on leading decisions in UK and European labour law, this new volume provides original perspectives on landmark cases.
Jeremias Adams-Prassl is Professor of Law and Fellow of
Magdalen College, Oxford, UK.
Alan Bogg is Professor of Labour Law and Postgraduate
Research Director at the University of Bristol Law School, UK.
ACL Davies is Professor of Law and Public Policy, Faculty of
Law, University of Oxford and Fellow of Brasenose College, Oxford,
UK.
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