Category Archives: Employment and Labour Law
‘PhD interdisciplinary research combining Labour Law, Social Security Law and Tort Law’
“Would you like to do an interdisciplinary PhD research combining labour law, social security and tort law? Are you interested in doing advanced empirical legal research? Then you should consider applying for this PhD project within the innovative research cluster ERI on empirical legal research into institutions for conflict resolution. The focus of the project […]
David Cabrelli, ‘Regulating Restrictive Covenants in English Employment Law: Time for a Rethink?’
ABSTRACT The potentially chilling effects of non-compete covenants on the ambitions and capacities of former employees to forge careers as commercial entrepreneurs have been propelled to the forefront of public debate in recent years. For example, in the US, reports in the press of rank and file employees working in sandwich bars being restrained by […]
Deborah Widiss, ‘Proving Discrimination by the Text’
ABSTRACT Employment discrimination laws make the ‘simple but momentous’ declaration that it is illegal to deny employment on the basis of race, sex, religion, or other key aspects of identity. But when employees who have been treated unfairly turn to the courts for relief, courts rarely assess whether their claims meet the statutory standard. Instead, […]
‘Vicarious Liability in the Common Law World’
“Vicarious liability, that is strict liability imposed on one party for the torts of another, remains controversial. If the role of tort law is to make one party accountable to another for his or her wrongful and harmful behaviour, why should one party (usually an employer) be held strictly liable for the torts of another […]
Saw and Chan, ‘Understanding Post-Employment Obligations of Confidence and Confidentiality in Compilations of Data’
ABSTRACT This article closely examines two specific areas in the law of confidence. The first concerns erstwhile employer–employee relationships and the various obligations of confidentiality that may bind an employee – including individuals who find themselves in positions analogous to employees – after the contract of employment has come to an end. The second relates […]
Dagan and Heller, ‘Can Contract Emancipate? Contract Theory and The Law of Work’
ABSTRACT Contract and employment law have grown apart. Long ago, each side gave up on the other. In this Article, we re-unite them to the betterment of both. In brief, we demonstrate the emancipatory potential of contract for the law of work. Today, the dominant contract theories assume a widget transaction between substantively equal parties. […]
‘The Ola and Uber judgments: for the first time a court recognises a GDPR right to an explanation for algorithmic decision-making’
“In March 2021, the Amsterdam District Court decided in two cases regarding Uber (‘Uber employment’ and ‘Uber deactivation’ cases), and one case regarding Ola (see also the unofficial English translations of the judgments). Ola offers a service that’s comparable to Uber. Both companies offer an app that links (taxi) drivers to passengers. In the Ola […]
ACL Davies, ‘Stress at Work: Individuals or Structures?’
ABSTRACT Stress is a significant practical problem in modern workplaces. According to the Health and Safety Executive (HSE), more than half of all working days lost to ill health each year are attributed to stress, depression or anxiety. This article offers an overview of the occupational psychology literature on workplace stress, focussing on the job […]
Diana Simon, ‘The Scope of Employment Test Under the Work-Made-for-Hire Doctrine Revisited: How COVID-19, Remote Working, and the Restatement (Third) of Agency Could Change It’
ABSTRACT COVID-19 has impacted almost every facet of our lives, but has it impacted intellectual property rights? Possibly. This article explores the intersection between the work-made-for-hire doctrine under the Copyright Act of 1976, agency theory, the updated Restatement (Third) of Agency, and our changing workforce in a postCOVID-19 world. Specifically, as of now, whether an […]
David Renton, Review of Labour and the Wage: A Critical Perspective by Zoe Adams
Labour and the Wage: A Critical Perspective by Zoe Adams [Oxford: Oxford University Press, 2020, £80, ISBN 978 0 19885 889 8]. Over the past two decades, an emerging generation of Marxist writers has revisited old ideas about class, production and the legal form, in order to shed new light on our understanding of international […]