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Realising Protection from Age Discrimination
This timely book presents a considered analysis of age discrimination provisions and outlines constructive guidance as to how they might be reformed. It highlights the prevalence of age discrimination for all age groups but especially against older persons, demonstrating the importance of effective legal protection for this cohort - especially when age discrimination intersects with other grounds.
Reforming Age Discrimination Law
Age is a critical issue for labour market policy. Both younger and older workers experience significant challenges at work. Despite the introduction of age discrimination laws, ageism remains prevalent. Reforming Age Discrimination Law offers a roadmap for the future development of age discrimination law in common law countries, to better address workplace ageism. Drawing on theoretical, doctrinal, and empirical legal scholarship, and comparative perspectives from the United Kingdom, Australia, and Canada, the book provides a socio-legal critique of existing age discrimination laws and their enforcement and proposes concrete suggestions for legal reform and change. Building on legal and inte...
The Oxford Handbook of the Law of Work
At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour ...
Older Workers, Active Ageing, and the Future of Work
Studies in Employment and Social Policy The major trend of population ageing that can be seen in the European Union (EU) and in most other advanced economies has significant consequences for social cohesion, intergenerational solidarity, economic development and the long-term sustainability of health and pension systems. For labour law, industrial relations, and collective bargaining, the implications of the ageing workforce pose specific challenges. This important book offers a comparative and comprehensive analysis of legislative developments and discourses relating to older workers, prolonged working lives, and the future of work, which are addressed under the themes of fundamental rights...
Extending Working Life for Older Workers
The UK population is ageing rapidly. While age discrimination laws are seen as having broad potential to address the 'ageing challenge' and achieve instrumental and intrinsic objectives in the context of employment, it is unclear what impact they are having in practice. This monograph addresses two overarching research questions in the employment field: How are UK age discrimination laws operating in practice? How (if at all) could UK age discrimination laws be improved? A reflexive law theoretical standpoint is employed to investigate these issues, applying a mixed methods research design that engages qualitative, quantitative, doctrinal and comparative elements. This book demonstrates the ...
Judging
What do judges actually do? What is the everyday reality of judging in civil matters? What falls under the rubric of judging? Written by a legal academic and former judge, this book offers a cogent and accessible account of what it means to be a judge in senior courts and those dealing with smaller claims. Drawing on judicial experiences and the social sciences, Judging is split into two parts. Part I examines the three fundamental values of judging - independence, impartiality, and integrity - and draws out the implications of these for everyday judging. It covers judicial guidance and codes of practice, structural protections for judges, and the behavioural rules for judges both in and away from court. Part II of the book turns to the legal and policy framework for judging, judgecraft, and judicial decision-making. This includes judicial appointments, work conditions, fact finding, litigants in person, ex tempore decisions, and the influences on decisions. Comprehensive and unique, the book demonstrates that the complex work of a judge extends beyond decision-making to matters such as managing cases, other judges, and judicial systems.
Exponential Inequalities
This thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for 'exponential inequalities' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK...
Empirical Research and Workplace Discrimination Law
In Empirical Research and Workplace Discrimination Law, part of the series Comparative Discrimination Law, Alysia Blackham offers a succinct comparative survey of empirical research that is occurring in workplace discrimination law, across jurisdictions such as the United States of America, the United Kingdom, Canada, Australia and New Zealand. Drawing on case studies of existing scholarship, Alysia Blackham offers both a rationale for conducting empirical research in this area, and methodological options for researchers considering empirical work. Using examples from case law and public policy, Alysia Blackham considers the impact that empirical research is having on discrimination law and ...
New Frontiers in Empirical Labour Law Research
This edited collection draws together papers delivered at a symposium on New Frontiers in Empirical Labour Law Research held at the University of Cambridge in April 2014. It contains contributions from established and emerging experts across a range of disciplines (including employment relations, industrial psychology, sociology, economics and political science) to consider four broad themes: the case for empiricism in labour law; the potential for mixed methods; methodological possibilities and insights from other disciplines; and practical challenges and words of caution for those conducting empirical research. This collection seeks to cultivate confidence and competence in empirical metho...
Theorising Labour Law in a Changing World
This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of a variety of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how it might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and integrative conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.
