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In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…
Abstract
In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.
The Employment Act 1988 is the latest legislation in the government's step by step measures to weaken trade unions and to some extent to weaken the encouragement of collective…
Abstract
The Employment Act 1988 is the latest legislation in the government's step by step measures to weaken trade unions and to some extent to weaken the encouragement of collective bargaining. The 1988 legislation has been preceded by the Employment Acts 1980 and 1982, the Trade Union Act 1984 and the Wages Act 1986. These numerous legislative measures make the law they cover both complex and confusing. In the resumé which follows, it is not proposed to treat the complex issues which arise as a result of the inter‐relationship of the various pieces of legislation. These have already been treated elsewhere. It is however proposed to examine the salient features of the 1988 Act in a succinct and brief manner.
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act…
Abstract
The Equal Pay Act 1970 (which came into operation on 29 December 1975) provides for an “equality clause” to be written into all contracts of employment. S.1(2) (a) of the 1970 Act (which has been amended by the Sex Discrimination Act 1975) provides:
In the last monograph an attempt was made at giving a short historical background of the trade union movement; at defining a trade union; at discussing the closed shop and at…
The purpose of this paper is to propose a general micro-theoretical framework that helps to understand the embeddedness of trade unions within the European system of industrial…
Abstract
Purpose
The purpose of this paper is to propose a general micro-theoretical framework that helps to understand the embeddedness of trade unions within the European system of industrial relations, and the consequences of this embeddedness for industrial relations outcomes. First, starting from the paradoxical observation of a trend towards homogeneity within a complex, multi-layered European industrial relations system consisting of heterogeneous and autonomous agents, the paper aims to explicate the mechanisms which produce these similarities. Second, the paper seeks to analyse potential mechanisms for transnational trade union cooperation and, third, it concludes by outlining its applicability as the basis for methodological approaches which enable realistic and policy relevant analyses.
Design/methodology/approach
This paper is conceptual and focusses on the development of a general micro-theoretical framework which captures European industrial relations actors’ behaviour and outcomes. It integrates theoretical and empirical accounts from differing social science disciplines and from various methodological starting points on trade union action and interaction into one general micro-theoretical framework.
Findings
Starting from a typology of trade union goals, the authors show how various social mechanisms lead to interdependencies between trade unions and review empirical evidence for their consequences. The authors, then, identify a set of motives for transnational cooperation that would allow outcomes that are in line with trade union objectives.
Originality/value
Against the background that previous studies on trade union action and cross-national interaction have paid less attention to the puzzling stylised fact that industrial relations outcomes are mimicked by heterogeneous and autonomous agents actors in different countries, the authors address this research gap by developing a novel general micro-theoretical framework for the analysis of transnational trade union action and interaction in order to better understand the underlying causal mechanisms for the common behaviour and outcomes of autonomous actors.
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Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These…
Abstract
Civil wrongdoings with consequent financial and other loss or damage to employers, employees and third parties may result in the course of various trade union activities. These day to day trade union activities take a variety of forms. The most common ones are inducement of breach of contract, conspiracy, trespass, nuisance, and intimidation. Each of these activities constitutes a tort which, unless the statutory immunities apply, would normally give rise at common law to an action for damages or, as is more frequent, enable the aggrieved party to obtain an injunction.
In the last four years, since Volume I of this Bibliography first appeared, there has been an explosion of literature in all the main functional areas of business. This wealth of…
Abstract
In the last four years, since Volume I of this Bibliography first appeared, there has been an explosion of literature in all the main functional areas of business. This wealth of material poses problems for the researcher in management studies — and, of course, for the librarian: uncovering what has been written in any one area is not an easy task. This volume aims to help the librarian and the researcher overcome some of the immediate problems of identification of material. It is an annotated bibliography of management, drawing on the wide variety of literature produced by MCB University Press. Over the last four years, MCB University Press has produced an extensive range of books and serial publications covering most of the established and many of the developing areas of management. This volume, in conjunction with Volume I, provides a guide to all the material published so far.
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Discusses how since 1970, the colonial government in Hong Kong has exercised its wide legal powers over trade union organization and activities in a benevolent manner. Whether the…
Abstract
Discusses how since 1970, the colonial government in Hong Kong has exercised its wide legal powers over trade union organization and activities in a benevolent manner. Whether the Hong Kong Special Administrative Region government will continue this policy is uncertain: the new government may enforce the trade unions’ legal framework more rigorously. UK trade unions proved themselves reliant and adaptable in the face of a wide raft of legislative “reforms”, brought in by Conservative governments in the 1979 to 1997 period, which laid down strict templates for their internal decision‐making processes. Suggests that the “survival lessons” learned by the UK trade unions during this period of hostile government may be of help to Hong Kong trade unions which face future challenges.
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A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that…
Abstract
A distinction must be drawn between a dismissal on the one hand, and on the other a repudiation of a contract of employment as a result of a breach of a fundamental term of that contract. When such a repudiation has been accepted by the innocent party then a termination of employment takes place. Such termination does not constitute dismissal (see London v. James Laidlaw & Sons Ltd (1974) IRLR 136 and Gannon v. J. C. Firth (1976) IRLR 415 EAT).
This article examines in what way strategies of new independent trade unions in London – that achieved pioneering, victories to end outsourcing – offer learning opportunities for…
Abstract
Purpose
This article examines in what way strategies of new independent trade unions in London – that achieved pioneering, victories to end outsourcing – offer learning opportunities for more established trade unions. It proposes to (re-)encourage a culture of class struggle trade unionism. The article builds on existing research that outlined the organising practices of these independent trade unions but breaks down the binary analysis of independent versus established trade unions. The author uses the acronym CARE (Collectivising individual grievances, Action, Relations of trust and care, Escalating confrontations) as an analytical framework for exploring class struggle trade unionism, and examines in what ways these strategies have been (re)-learnt by established trade unions through the example of independent trade unions. In doing so, this article contributes to a much wider debate on trade union renewal.
Design/methodology/approach
This article offers an insider perspective of an “academic activist” (Chatterton et al., 2007). The article draws on author’s experiences and reflection as the co-founder of the trade union United Voices of the World (UVW) created in 2014, and previously involvement in the establishment of the Independent Workers of Great Britain (IWGB) in 2012. Findings are based on author’s ethnographic engagement as well as a selection of 29 interviews from a much larger data set on independent trade unions comprising focus groups and interviews.
Findings
This article demonstrates that class struggle trade unionism has in some ways been remembered and hence pioneered by the new independent trade unions, yet they are possible in established trade unions alike.
Originality/value
This is the first time an article systematically explores the strategies that established trade unions can learn – and indeed are learning – from independent trade unions.
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