This comprehensive guide to the impact of the Human Rights Act on UK employment law addresses the basic concepts of convention law and provides a summary of the key convention rights.

The very existence of an employment relationship places the human rights of a worker at risk. Employers can, and frequently do, exercise their managerial and disciplinary powers in a manner that interferes with the most fundamental rights of the individual worker. Adequate safeguards against such infringements are necessary if individuals are to receive full protection of their rights. This book examines how far the labour laws of England and Wales offer such guarantees, with a particular focus on dismissal law. The chapters reflect on the relationship between employment, labour, and human rights before conducting a detailed and critical analysis of the scope, shape, and application of domestic employment law. The framework for evaluation is drawn from the case law of the European Court of Human Rights, as it develops a principled and tailored approach to how the rights contained in the European Convention on Human Right should be enforced in working relationships. Statutory mechanisms, such as the law of unfair dismissal, and common law causes of action are examined and found to be lacking in their capacity to vindicate and enforce the human rights of workers. This book culminates in the proposal and elaboration upon an innovative solution, the Bill of Rights for Workers, that would draw on the successes of human rights and labour law instruments to render the Convention rights directly enforceable in the relationship between a worker and their employer.

Intellectual history is placed in the broadest possible contexts of economic, political, and social contexts.

John W. Budd contends that the turbulence of the current workplace and the importance of work for individuals and society make it vitally important that employment be given "a human face." Contradicting the traditional view of the employment relationship as a purely economic transaction, with business wanting efficiency and workers wanting income, Budd argues that equity and voice are equally important objectives. The traditional narrow focus on efficiency must be balanced with employees' entitlement to fair treatment (equity) and the opportunity to have meaningful input into decisions (voice), he says. Only through a greater respect for these human concerns can broadly shared prosperity, respect for human dignity, and equal appreciation for the competing human rights of property and labor be achieved.Budd proposes a fresh set of objectives for modern democracies--efficiency, equity, and voice--and supports this new triad with an intellectual framework for analyzing employment institutions and practices. In the process, he draws on scholarship from industrial relations, law, political science, moral philosophy, theology, psychology, sociology, and economics, and advances debates over free markets, globalization, human rights, and ethics. He applies his framework to important employment-related topics, such as workplace governance, the New Deal industrial relations system, comparative industrial relations, labor union strategies, and globalization. These analyses create a foundation for reforming employment practices, social norms, and public policies. In the book's final chapter, Budd advocates the creation of the field of human resources and industrial relations and explores the wider implications of this renewed conceptualization of industrial relations.

Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy. The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries. The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches.

Collection of papers on the proposition that workers' rights are human rights and how they relate to labour activism and advocacy in a market-driven global economy. Considers health and safety at the workplace, child labour, freedom of association, protection of migrant and forced labour, human rights from a corporate perspective, employment discrimination, etc., referring to the situation in the United States and other industrial countries, and elsewhere. Includes an ILO contribution, co-authored by Barbary Murray, entitled "Human rights of workers with disabilities".

This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children’s lives. Combining social and legal research, it identifies both potential harms to children’s well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children’s best interests into temporary labour migration policies, offering ways to reduce interferences with children’s family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

On cover and title page: Equality Act 2010 code of practice

Enacted nearly fifty years ago, the Civil Rights Act codified a new vision for American society by formally ending segregation and banning race and gender discrimination in the workplace. But how much change did the legislation actually produce? As employers responded to the law, did new and more subtle forms of inequality emerge in the workplace? In an insightful analysis that combines history with a rigorous empirical analysis of newly available data, Documenting Desegregation offers the most comprehensive account to date of what has happened to equal opportunity in America—and what needs to be done in order to achieve a truly integrated workforce. Weaving strands of history, cognitive psychology, and demography, Documenting Desgregation provides a compelling exploration of the ways legislation can affect employer behavior and produce change. Authors Kevin Stainback and Donald Tomaskovic-Devey use a remarkable historical record—data from more than six million workplaces collected by the U.S. Equal Employment Opportunity Commission (EEOC) since 1966—to present a sobering portrait of race and gender in the American workplace. Progress has been decidedly uneven: black men, black women, and white women have prospered in firms that rely on educational credentials when hiring, though white women have advanced more quickly. And white men have hardly fallen behind—they now hold more managerial positions than they did in 1964. The authors argue that the Civil Rights Act's equal opportunity clauses have been most effective when accompanied by social movements demanding changes. EEOC data show that African American men made rapid gains in the 1960s at the height of the Civil Rights movement. Similarly, white women gained access to more professional and managerial jobs in the 1970s as regulators and policymakers began to enact and enforce gender discrimination laws. By the 1980s, however, racial desegregation had stalled, reflecting the dimmed status of the Civil Rights agenda. Racial and gender employment segregation remain high today, and, alarmingly, many firms, particularly in high-wage industries, seem to be moving in the wrong direction and have shown signs of resegregating since the 1980s. To counter this worrying trend, the authors propose new methods to increase diversity by changing industry norms, holding human resources managers to account, and exerting renewed government pressure on large corporations to make equal employment opportunity a national priority. At a time of high unemployment and rising inequality, Documenting Desegregation provides an incisive re-examination of America's tortured pursuit of equal employment opportunity. This important new book will be an indispensable guide for those seeking to understand where America stands in fulfilling its promise of a workplace free from discrimination.

Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.