Description |
1 online resource (xxiv, 277 pages) |
Series |
Oxford monographs on labour law |
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Oxford monographs on labour law.
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Contents |
1. Harsh but Fair. 1. General Aims. 2. Origins of the Legislation. 3. The Common Law of Wrongful Dismissal. 4. The Ideology of the Common Law. 5. Juridification of Managerial Prerogative. 6. The Range of Reasonable Responses Test -- 2. A Taxonomy of Dismissals. 1. The Structure of the Fairness Inquiry. 2. Foreclosure of the Fairness Inquiry. 3. Three Types of Dismissal. 4. The Concept of Redundancy. 5. Public Rights Dismissals -- 3. Substantive Fairness in Disciplinary Dismissals. 1. The Challenge of Interpretation. 2. Rights-Based Justifications. 3. Goal-Based Justifications. 4. The Practice of the Tribunals. 5. The Best Interpretation -- 4. Procedural Fairness. 1. Three Models of Procedural Fairness. 2. The Shifting Course of the Tribunals. 3. An Interpretation of Procedural Fairness. 4. Common Law in Transition. 5. Subversion by Conciliation. 6. Conclusion -- 5. Economic Dismissals and Social Cost. 1. The Claim of Job Security. (a). Property Right. (b). Contribution to Autonomy |
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(C). Distributive Justice. (d). Conclusion. 2. Nature and Causes of Economic Dismissals. 3. The Efficiency of Regulation. 4. Minimizing Social Cost. 5. Conclusion -- 6. Civil Liberties in the Shadow of Managerial Prerogative. 1. The Public-Private Distinction. 2. Legitimization Techniques of Boundary Maintenance. 3. Rights and Goods. 4. What Rights? 5. What Remedies? -- 7. The Search for Legal Guarantees of Job Security. 1. The Interest in Job Security. 2. Corrective Justice. 3. Qualifying Considerations. 4. Distortion by Private Interest. 5. Injunctions. 6. Intimacy and Estrangement in Employment -- 8. The Social and Economic Effects of Dismissal Law. 1. Disciplinary Practices. 2. Collective Industrial Relations. 3. Labour Market. 4. The Organization of Capital. 5. The Role of the State |
Summary |
This study aims to elucidate the general legal rules and principles of the law of unfair dismissal, as well as offering an account of the social, political, and philosophical context in which the idea of protection from "unfair dismissal at work" has developed and currently operates |
Analysis |
Personnel Dismissal Law |
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Great Britain |
Bibliography |
Includes bibliographical references and indexes |
Notes |
English |
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Print version record |
Subject |
Employees -- Dismissal of -- Law and legislation -- Great Britain
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Employees -- Dismissal of -- Law and legislation
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Ontslagrecht.
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Personnel -- Licenciement -- Droit -- Grande-Bretagne.
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Great Britain
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Form |
Electronic book
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ISBN |
9780191681479 |
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0191681474 |
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