Landmark Cases in Labour Law

"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"-- Provided by publisher 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