Landmark Cases in Labour Law

✍ Scribed by ACL Davies; Jeremias Adams-Prassl; Alan Bogg (editors)

• Publisher: Hart Publishing
• Year: 2022
• Tongue: English
• Leaves: 377
• Series: Landmark Cases
• Category: Library

✦ Synopsis

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.

✦ Table of Contents

Foreword
Acknowledgements
Contents
Contributors
Introduction: A Brief Cartography of Landmarks in Labour Law
I. Labour Legislation, the Common Law, and the Politics of Labour Law
II. Identifying the Landmarks
1. Riley v Warden – A Landmark Case?
I. Introduction
II. Personal Service in Modern Labour Law
III. Employment Status: A Pre-History
IV. Riley v Warden
V. The Subsequent Fate of the 'Test' for Personal Service
2. Hornby v Close (1867): Freedom of Contract and Freedom of Trade
I. Introduction
II. Background
III. Contracts in restraint of trade
IV. Hilton v Eckersley
V. Hornby v Close
VI. Aftermath
VII. Conclusion
3. Devonald v Rosser and Sons (1906): Avoiding One-Sidedness in Contracts for Personal Performance of Work
I. Introduction
II. The Facts and Outcome
III. The Implications of Devonald
IV. Conclusion
4. Financing the Parliamentary Representation of Labour: Amalgamated Society of Railway Servants v Osborne
I. Introduction
II. Some Historical Background
III. The Decision of the House of Lords
IV. The Practical Effect of Osborne
V. Osborne"s Legacy for the Regulation of Political Funding of the Labour Party
VI. Osborne"s Legacy for Labour Law
VII. Conclusion
5. Rookes' Tale
I. Introduction
II. The Legal Reasoning
III. The Aftermath
IV. Conclusion: Rookes as a Landmark Case
6. Grunwick Processing Laboratories Ltd v ACAS: The Social Contract, Trade Union Recognition, and the Rule of Law
I. Introduction
II. The Grunwick Dispute
III. The Grunwick Case
IV. The Legacy of the Grunwick Case and Labour Law
V. The Legacy of the Grunwick Dispute and Constitutional Law
VI. Conclusion
7. Iceland Frozen Foods Ltd v Jones (1982): Fairness, Forty Years on
I. Introduction
II. The Origins and Design of the Law of Unfair Dismissal
III. Mr Jones' Dismissal before the Industrial Tribunal
IV. The Navigation towards a Landmark: Fairness before Iceland Frozen Foods
V. The Rationale for the 'Range' Test
VI. The Fairness Standard in Action
VII. The Perversity Question and the Problem of Appeals
VIII. The Right not to be Unfairly Dismissed, the Statutory Purpose, and the RORR test
IX. Hammersmith v Keable: A Contemporary Approach to Fairness
X. Concluding Remarks: The Future of Iceland Frozen Foods
8. O'Kelly v Trusthouse Forte PLC: A Landmark of Legalism
I. Introduction
II. Overview
III. 'Landmark' Element 1: Mutuality of Obligation
IV. 'Landmark' Element 2: Status While Working
V. Conclusion
9. A Half-Forgotten Landmark: Enderby v Frenchay and the Continuing Challenges of Equal Pay Laws
I. Introduction
II. Enderby: the Perspective from 1994
III. Enderby's Legacy
IV. Conclusion
10. Wilson and Palmer: A Biographical Portrait of a Landmark Case
I. Introduction
II. Wilson and Palmer in the Domestic Courts
III. Wilson and Palmer in the European Court of Human Rights
IV. Wilson and Palmer and Statute Law
V. Kostal v Dunkley: The Latest Chapter of Wilson
VI. Wilson and Palmer: The Making of a Landmark Case
11. Malik v BCCI: The Impact of Good Faith
I. The Emergence and Acceptance of Mutual Trust and Confidence
II. Mutual Trust after Malik
III. The Proper Limits of Mutual Trust
IV. Conclusion
12. Johnson v Unisys Ltd (2001): A Compelling Constitutional Vision of Common Law and Statute?
I. Introduction
II. Implied Terms and the Contract of Employment
III. The Case
IV. The Legacy of Johnson
V. A Compelling Constitutional Vision?
VI. The Human Rights Exception
VII. Conclusion
13. Autoclenz v Belcher (2011): Divining 'The True Agreement Between the Parties'
I. Introduction
II. Before Autoclenz
III. Autoclenz
IV. Autoclenz: Immediate Implications
V. Beyond Autoclenz: Uber
VI. Conclusion
14. Headscarves, Tolerance and EU Law: Achbita, Bougnaoui and WABE
I. Introduction
II. The Cases
III. The Good(ish)
IV. The Less Good
V. What is the Purpose of Discrimination Law?
VI. Conclusion
Index