perspectives on labour law -...

Policy discussions play an important role in labour law, and labour lawyers draw on a wide range of disciplines and approaches in order to construct their arguments. This overview of the basic principles of labour law and the related policy arguments introduces two of the main perspectives used in the analysis of labour law today: human rights and economics. It offers a brief history of the influence of human rights and economics on labour law from the 1950s to the present day, explains neoclassical and new institutional economics and summarises the historical development of international human rights law. The insights of rights theorists and economists are then applied to a selection of topics in labour law, including anti-discrimination law, dismissal, working time, pay, consultation and collective bargaining, trade union membership and industrial action, in order to demonstrate the interplay between the two perspectives.

ANNE DAVIES is Fellow and Tutor in Law at Brasenose College, Oxford, and Reader in Public Law at the University of Oxford, where she teaches labour law and public law.

Perspectives on Labour Law

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The Law in Context Series

Editors: William Twining (University College London), Christopher McCrudden (Lincoln College, Oxford) and Bronwen Morgan (University of Bristol).

Since 1970 the Law in Context series has been in the forefront of the movement to broaden the study of law. It has been a vehicle for the publication of innovative schol-arly books that treat law and legal phenomena critically in their social, political and economic contexts from a variety of perspectives. The series particularly aims to pub-lish scholarly legal writing that brings fresh perspectives to bear on new and existing areas of law taught in universities. A contextual approach involves treating legal sub-jects broadly, using materials from other social sciences, and from any other discipline that helps to explain the operation in practice of the subject under discussion. It is hoped that this orientation is at once more stimulating and more realistic than the bare exposition of legal rules. The series includes original books that have a different empha-sis from traditional legal textbooks, while maintaining the same high standards of scholarship. They are written primarily for undergraduate and graduate students of law and of other disciplines, but most also appeal to a wider readership. In the past, most books in the series have focused on English law, but recent publications include books on European law, globalisation, transnational legal processes and comparative law.

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A. C. L. DaviesFellow and Tutor in Law, Brasenose CollegeReader in Public Law, University of Oxford

Perspectives on Labour Law






c a m br i d ge u n i v e r si t y pr e s sCambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi

Cambridge University PressThe Edinburgh Building, Cambridge CB2 8RU, UK

Published in the United States of America by Cambridge University Press, New York

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© A.C.L. Davies 2004, 2009

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2004Second edition 2009

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

Library of Congress Cataloguing in Publication dataDavies, A. C. L. (Anne C. L.) Perspectives on labour law / A.C.L. Davies. – 2nd ed. p. cm. Includes index. ISBN 978-0-521-89757-0 (hardback) 1. Labor laws and legislation–Great Britain. 2. Employee rights–Great Britain. I. Title. KD3009.D375 2009 344.4101–dc22 2009008467

ISBN 978-0-521-89757-0 hardbackISBN 978-0-521-72234-6 paperback

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For my parents






Preface page xvAcknowledgements xviiiTable of statutes xixTable of statutory instruments xxviiTable of EU legislation xxxTable of international instruments xxxiiTable of cases xxxviAbbreviations xl

PART I

1 A brief history of labour law 3

Collective laissez-faire – the 1950s 3The demise of collective laissez-faire – the 1960s and 1970s 4

Promoting workers’ rights 5Managing the economy 7Reducing the number of strikes 8

Individualism and deregulation – the 1980s and early 1990s 10Protecting workers’ rights: individualism 10Tackling strikes 12Reducing burdens on business 13Promoting workers’ rights: EC law 14Conclusion 14

‘The third way’ – 1997 to the present 15Studying labour law today 17Further reading 18

2 Economics perspectives on labour law 20

What do economists do? 21Microeconomics 22

Markets 22Labour markets 24

Contents






x Contents

Labour law: two schools of thought 26Neoclassical economics 27New institutional economics 29

Macroeconomics 32Productivity 32Unemployment 33

The role of economics perspectives 35Further reading 35

3 Human rights perspectives on labour law 38

A brief overview of human rights 38Historical development 38Types of rights 41Civil and political rights 42Economic and social rights 44International human rights instruments and domestic law 46

Interpreting rights 47Right-holders 47Rights against whom? 48Scope 49Weight 51

Further reading 55

4 Modes of regulation 57

International and regional regulation 58The International Labour Organization 58The European Social Charter 61The European Convention on Human Rights 61The European Union 64What role for national law? 69

Modes of regulation within national law 70Further reading 73

PART II

5 Who is protected by employment law? 77

Typical and atypical workers 78Economics perspectives 80Rights perspectives 83The scope of employment law 86

Employees 86Workers 89






xi Contents

Self-employed people 90Why does it matter? 91

Atypical workers have other problems too 94The scope of employment law – an issue to remember 95Further reading 96

6 Working time 97

Economics perspectives 98The working week 98Leave 100

Rights perspectives 102Hours and holidays 102Leave 103

The law on working time 106Rules applicable to all 106Rules applicable to workers with family responsibilities 110

Further reading 115

7 Discrimination 118

Economics perspectives 118Arguments against legal intervention 118Arguments which might support legal intervention 121

Rights perspectives 123Who is protected? 124What constitutes discrimination? 125Can discrimination ever be justified? 128

English law 129Who is protected? 129What constitutes discrimination? 132Can discrimination ever be justified? 136

Further reading 137

8 Wages 139

Economics perspectives 140Minimum wages 140Equal pay 143

Rights perspectives 144Minimum wages 144Equal pay 146

English law 147The national minimum wage 147

Entitlement and enforcement 148The rate 149






xii Contents

Equal pay 151Eligibility and enforcement 152Employers’ defences 154

Further reading 155

9 Dismissal 157

Economics perspectives 158Arguments against regulation 158Arguments in favour of regulation 159

Rights perspectives 160English law 165

Eligibility to claim 166Controls over the employer’s reason for dismissal 167Controls over the employer’s procedures 168Remedies 171

Further reading 174

10 Collective representation 176

Rights perspectives 177Collective bargaining 177Consultation 179

Economics perspectives 181Economic arguments against worker participation 181Economic arguments in favour of worker participation 183

The law on collective bargaining 185The law on consultation 189Further reading 195

11 Trade union membership 197

Rights perspectives 198Freedom of association and employers 198Freedom of association and unions 200

Can an individual be compelled to join a union? 201Can unions set their own membership criteria? 203Can unions compel their members to participate in union

activities? 204Economics perspectives 206Freedom of association as against employers 207

Discrimination against trade unionists 207Access to employment 207During employment 208Dismissal 211

Duties to support union activities 211






xiii Contents

Freedom of association between workers and trade unions 213Compulsory trade union membership 213Trade union rules on membership 214Union discipline and expulsion 216

Further reading 218

12 Industrial action 219

Rights perspectives 220Economics perspectives 224The law on trade unions and strike organisers 228The law on individual strikers 234Further reading 237

What next? 239

The economic and social context 239The international dimension 240The EU 241The UK 244The perspectives revisited 247

Index 248






For many students, the first few weeks of a course in labour law can seem rather daunting. Many of the subject’s main principles are derived from statute, rather than case law, so there is less room for the kind of detailed case analysis familiar from core subjects like contract and tort. Policy discussions also play a much greater role in labour law than they do in, say, land law or trusts. When writing about anti-discrimination law, for example, labour lawyers think about whether positive discrimination should be permitted, or whether employers should be allowed to say that ‘market forces’ led them to pay men more than they pay women doing equal work.

The subject’s emphasis on legislation and on policy arguments is confusing enough. But life gets even more difficult when we look at the way in which labour lawyers construct their policy arguments. In what Hugh Collins has termed the ‘productive disintegration’ of labour law, writers now draw on a wide range of other disciplines and approaches in order to make sense of the law.1 As Chapter 1 will show, labour lawyers have traditionally used industrial relations, a branch of sociology, as a frame of reference. But this discipline has been joined by various kinds of economic analysis, arguments from social justice and the discourse of fundamental human rights.

This array of perspectives on labour law is what gives the subject its fas-cination. But for newcomers it can seem bewildering. Each perspective has its own methodology and its own set of internal problems. To understand a piece of labour law writing which draws on economic arguments, it is necessary to understand how economists think: the methods they use and the assumptions they make. To understand a piece of labour law writing which draws on human rights arguments, it is helpful to understand some of the more theoretical debates about what it means to say that someone has a ‘right’. And all this must be done while students are trying to absorb the basic rules and principles of a large and highly complex body of law.

This book is here to help. Its aim is to introduce two of the main perspec-tives used in the analysis of labour law today – human rights and economics

1 H. Collins, ‘The productive disintegration of labour law’ (1997) 26 ILJ 295.

Preface






xvi Preface

– and to show how they play out in some of the key areas of the law. It will not be argued that either perspective is ‘correct’ or preferable to the other. Each per-spective offers different insights. If we work from a single perspective, there is a danger that we will blind ourselves to initiatives that do not fit with our view of the world. Collins argues that this is what happened to many labour lawyers in the 1960s and 1970s who continued to analyse the law using an outdated socio-logical model.2 Equally, however, it is important to remember that the perspec-tives themselves are far from being one-dimensional. There are different schools of thought in economics and in the literature on human rights. There is no single ‘economists’ view’ on the national minimum wage, for example. So we need to develop a nuanced understanding of the perspectives themselves.

Part I of this book introduces the two perspectives. Chapter 1 offers a brief history of labour law from 1945 to the present, showing how labour lawyers’ arguments have changed over time. At first, the subject was dominated by socio-logical analysis. But as government policies changed, particularly from the 1970s onwards, rights and economics became increasingly relevant to labour lawyers’ thinking. Indeed, since 1997, the government has explicitly sought to strike a bal-ance between workers’ rights and business efficiency. Chapter 2 introduces the economics perspective. It explains economists’ methodology and identifies two competing schools of thought: neoclassical economics, which tends to be hostile to labour law, and new institutional economics, which suggests that legal regula-tion can be beneficial. Chapter 3 introduces the rights perspective. It explains the historical development of international human rights law and discusses some of the complex issues that arise when we try to interpret rights and to apply them to particular situations. Chapter 4 looks at the way in which labour law is created and applied: at the layers of international, regional and domestic regulation that make up the subject. This is essential because labour law cannot be understood as a purely ‘domestic’ subject. The rights and economics arguments play out in different ways at the different levels, often leading to conflicts between them. Part II of the book applies the insights of rights theorists and economists to a selec-tion of topics in labour law. The aim is to provide an accessible introduction to each topic, and to demonstrate the interplay between the rights and economics perspectives.

This book is intended to be read at least twice. The first time you read it, use it as an introduction to the basic principles of labour law and to the policy argu-ments surrounding the subject. Once you have studied labour law in detail and looked at the cases and statutes for yourself, I hope you will return to this book, perhaps as part of your revision. The second time you read it, try to use it to develop your own perspective on labour law, and to think about how you might defend that perspective against the arguments of others. Each chapter concludes with suggestions for further reading, and questions to consider while you do the

2 Ibid.






xviiPreface

reading. Part of the point of the further reading is to give you more detail about the law, and a more in-depth account of the perspectives, than can be provided in a relatively short introductory book. But do not be surprised if some of the reading challenges the arguments described in the relevant chapter. One writer might argue that one of the perspectives used does not offer any valid insights into the law. Another writer might argue that two of the perspectives need to be combined in order to understand the law properly. Yet another writer might argue that the law is best explained and developed using an entirely different approach, not considered in this book at all. This might seem a bit unsettling at first. But if you persevere, you will find that the further reading gives you a much richer understanding of labour law.

This edition incorporates developments up to the end of September 2008, though I am grateful to the publisher for allowing me to incorporate references to the Employment Act 2008 during the production process.

Anne DaviesOxford

October 2008






Like its predecessor, this book owes a great deal to my experience of teaching labour law at the University of Oxford. I would like to thank my fellow labour lawyers in Oxford, both past and present, for their support and intellectual com-panionship, and successive generations of Oxford students, who have been the unwitting guinea pigs for both editions, for their sharpness and enthusiasm. Amir Fuchs provided excellent research assistance during the preparation of the first edition. I am grateful to Brasenose College for financial support, and to my colleagues (current and former – you know who you are), particularly Bill Swadling, for moral support.

The series editors for Law in Context, Chris McCrudden and William Twining, provided wise advice during the development of the initial proposal and helpful comments on drafts of both editions. The second edition would not have been possible without their encouragement and enthusiasm. I am indebted to the editorial staff of Cambridge University Press for their professionalism and efficiency in seeing the book through to publication.

And finally, my biggest debt of gratitude is, as always, to my parents, to whom this book is dedicated, for their unstinting love and support, and for keeping my prose under control.

Acknowledgements






Coal Mines Regulation Act 1908 103Criminal Justice and Public Order Act 1994

s. 127 229Disability Discrimination Act 1995 132, 134

s. 1(1) 130s. 3A 133, 136s. 3A(3) 137s. 4 130s. 4A 130s. 4A(1) 133s. 49A 135s. 68(1) 92Schedule 1, para. 2 130Schedule 1, para. 6 130Schedule 1, para. 8 130

Employment Act 1980s. 19 12

Employment Act 1982 12s. 15 12s. 16 12

Employment Act 1988s. 3 11s. 11 11

Employment Act 1990s. 6 12

Employment Act 2002 16, 169, 170, 173, 244s. 29 170s. 31 170s. 31(2) 173s. 31(3) 173s. 31(4) 173s. 32 170

Table of statutes






xx Table of statutes

Schedule 2 170Employment Act 2008 16, 173

s. 1 170s. 3 170s. 9 149s. 19 215

Employment of Women, Young Persons and Children Act 1920 103Employment Protection Act 1975 10, 12

ss. 11 –16 10, 186Employment Protection (Consolidation) Act 1978

Schedule 13 109Employment Relations Act 1999 60

s. 1 186s. 3 208s. 10 84, 92s. 23 92, 94s. 34 172

Employment Relations Act 2004s. 33 215

Employment Rights (Dispute Resolution) Act 1998 170Employment Rights Act 1996 165

s. 1 92s. 45A 107s. 57A 84, 92, 112s. 57A(1) 112s. 57A(3) 112s. 57A(4) 112s. 57A(5) 112s. 57B 112ss. 71–75 92, 111ss. 76–80 92, 112s. 80A 92, 111s. 80A(3) 111s. 80A(4) 111s. 80B 92, 111s. 80C 92, 111s. 80D 92, 111s. 80E 92, 111s. 80F 92, 114, 244s. 80F(1) 114s. 80F(1)(a) 114s. 80F(1)(b)(i) 114s. 80F(1)(b)(ii) 114






xxi Table of statutes

s. 80G 92, 114s. 80G(1)(b) 114s. 80H 92, 114s. 80I 92, 114s. 86 166, 168s. 86(3) 168s. 86(6) 169s. 94 92s. 94(1) 166s. 98 167s. 98(1) 167s. 98(4) 63, 71, 167s. 98A 170s. 99 166, 167s. 101A 107, 167s. 103 167s. 104A 167s. 108 166s. 108(1) 93s. 108(2) 93s. 114 172s. 115 172s. 116(1)(a) 172s. 116(1)(b) 172s. 117 172s. 119 173s. 120 173s. 121 173s. 122 173s. 123 173s. 124 173s. 135 92, 174s. 155 93s. 162 174s. 198 93s. 212 246s. 212(1) 93s. 227 173s. 230(1) 70, 86s. 230(3) 89

Equal Pay Act 1970 5, 14, 130, 139, 152s. 1 14s. 1(1) 152






xxii Table of statutes

s. 1(2) 152s. 1(2)(c) 152s. 1(3) 154s. 1(4) 152s. 1(6) 152s. 1(6)(a) 92, 152

Health and Safety at Work etc Act 1974 189Human Rights Act 1998 17, 38, 49, 55, 57, 61, 63, 64, 131, 168, 199, 202, 211,

222, 228, 244, 246s. 2 64, 204, 246s. 3 63, 168, 208, 211, 215s. 3(1) 63s. 4 63, 211, 215s. 6(1) 62, 63s. 6(3)(a) 62, 63

Industrial Relations Act 1971 9, 12ss. 22–32 5ss. 44–50 186s. 96 9s. 98 9

National Minimum Wage Act 1998 139, 147, 151s. 1 92s. 12 149s. 14 149s. 15 149s. 17 148s. 18 148s. 19 149s. 19A 149s. 28 148s. 34 78, 148s. 35 148s. 41 148s. 50 148s. 54(3) 92, 148

Northern Ireland Act 1998s. 75 135

Prices and Incomes Act 1966 Part IV 7Race Relations Act 1968 5Race Relations Act 1976 6, 83, 92, 110

s. 1 130






xxiiiTable of statutes

s. 3(1) 130s. 7 78s. 71 135s. 78(1) 92

Sex Discrimination Act 1975 5, 6, 83, 92, 110, 113, 114, 134, 153s. 1 130s. 1(1)(a) 114s. 1(1)(b) 114s. 2 130s. 2A 130s. 3 130s. 3A 130, 133s. 6(2)(b) 167s. 7 136s. 48(1) 134s. 76A 135s. 82(1) 91, 92

Social Security Contributions and Benefits Act 1992s. 164 111s. 166 111s. 167 111s. 171ZA–J 111

Trade Disputes Act 1906 4s. 4 12

Trade Union Act 1871 4Trade Union and Labour Relations Act 1974

ss. 13–17 10, 12Trade Union and Labour Relations (Amendment) Act 1976 10Trade Union and Labour Relations (Consolidation) Act 1992 216, 245

s. 20 231, 236s. 21 231, 236s. 22 233s. 62 233s. 64 217s. 65 214, 217s. 65(2)(a) 217s. 65(2)(j) 217s. 70B 189s. 137 207, 208, 213s. 140 208s. 145A 92, 210, 211s. 145B 92, 210, 211






xxiv Table of statutes

s. 145B(4) 209s. 145E 210s. 146 92, 209, 210, 211, 213s. 146(1) 209s. 149 210s. 152 167, 211, 213s. 153 211, 213s. 156 173, 211s. 161 211s. 168 187, 212s. 169 187s. 170 187, 212s. 174 214, 215, 217s. 174(3) 214s. 174(4) 214s. 176 215s. 179 187s. 181(2) 187s. 181(4) 187s. 182 187s. 183 187s. 188 189, 192s. 188(1) 190, 193s. 188(1B) 190s. 188(2) 190s. 188(4) 190s. 188A 189, 191s. 189 189, 190s. 189(1A) 191s. 189(1B) 191s. 189(2) 191s. 189(3) 191s. 189(4) 191s. 190 189s. 191 189s. 192 189s. 201 212s. 207A 170s. 219 229, 230s. 219(1) 229, 230s. 219(2) 229s. 221(1) 233s. 221(2) 233






xxvTable of statutes

s. 224 230s. 226 231s. 226A 231s. 226A(2) 231s. 226A(2G) 231s. 226B 231s. 226C 231s. 227 231s. 227(1) 232s. 228 231s. 228A 231s. 229 231s. 229(4) 233s. 230 231s. 231 231s. 231A 231, 232s. 231B 231s. 232 231s. 232A 231, 232s. 232B 231, 232s. 233 231s. 234 231, 232s. 234A 231, 232s. 235A 234s. 237 167, 236s. 238 236s. 238A 236s. 244 230Schedule A1 186, 188para. 1(3) 186para. 1(4) 186para. 22 186para. 23 186para. 24 186para. 25 186para. 26 186, 212para. 27 186para. 28 186para. 29 186para. 30 186para. 30(4) 186para. 30(6) 186






xxvi Table of statutes

Trade Union Reform and Employment Rights Act 1993s. 35 13

Work and Families Act 2006 244s. 1 111s. 3 112






Table of statutory instruments

Employment Equality (Age) Regulations 2006 (SI 2006/1031)reg. 2 92reg. 3 131reg. 3(1) 133, 136reg. 31 150

Employment Equality (Religion or Belief) Regulations 2003 (SI 2003/1660)reg. 2 92reg. 2(1) 130reg. 3(1)(b)(iii) 137

Employment Equality (Sexual Orientation) Regulations 2003 (SI 2003/1661) 134

reg. 2 92reg. 2(1) 131reg. 2(3) 129reg. 3 131reg. 3(1)(a) 132reg. 3(1)(b) 133reg. 3(2) 132reg. 6 129reg. 7(2) 136

Employment Rights (Increase of Limits) Order 2007 (SI 2007/3570) 172Equal Pay (Amendment) Regulations 1983 (SI 1983/1794) 14European Public Limited Liability Company Regulations 2004

(SI 2004/2326) 191Fair Employment and Treatment (Northern Ireland) Order 1998 (SI 1998/3162)

Art. 55 135Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations

2002 (SI 2002/2034) 94, 95reg. 1(2) 92regs. 3–4 95reg. 8 95






xxviii Table of statutory instruments

Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002 (SI 2002/3236)

reg. 3 114reg. 3A 114reg. 3B 114

Flexible Working (Procedural Requirements) Regulations 2002 (SI 2002/3207) 114

Health and Safety (Consultation with Employees) Regulations 1996 (SI 1996/1513) 189, 190

Information and Consultation of Employees Regulations 2004 (SI 2004/3426) 191, 193, 194, 195

reg. 2 192reg. 3 191reg. 7 191reg. 8 192reg. 11 191reg. 14 192reg. 16 192reg. 18 192reg. 19 192reg. 20(1)(a) 192reg. 20(1)(b) 192reg. 20(1)(c) 192reg. 20(3) 192reg. 20(4)(d) 192reg. 20(5) 192reg. 22 193reg. 23 193reg. 24 193

Maternity and Parental Leave etc. Regulations 1999 (SI 1999/3312) 111, 112reg. 10 111, 112reg. 13 112reg. 14 112reg. 15 112reg. 18 112reg. 18(1) 111reg. 18(2) 111reg. 18A 112reg. 20 166, 167

Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (SI 2006/349) 189

Occupational Pension Schemes (Contracting Out) Regulations 1996 (SI 1996/1172) 189






xxix Table of statutory instruments

Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551) 106, 109, 110

reg. 1(2) 92reg. 2 108, 109reg. 3 109reg. 4 109reg. 5 109reg. 5(2) 109

Paternity and Adoption Leave Regulations 2002 (SI 2002/2788) 111reg. 4 111reg. 5 111reg. 13 112reg. 14 112

Safety Representatives and Safety Committees Regulations 1977 (SI 1977/500) 189Sex Discrimination (Gender Reassignment) Regulations 1999 (SI 1999/1102) 130Sex Discrimination Act 1975 (Amendment) Regulations 2008 (SI 2008/656) 133Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960) 111Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002

(SI 2002/2822) 111Trade Union Recognition (Method of Collective Bargaining) Order 2000

(SI 2000/1300) 186Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246)

regs. 13–16 190Transnational Information and Consultation of Employees Regulations 1999

(SI 1999/3323) 191reg. 2 191reg. 4 191

Unfair Dismissal (Variation of Qualifying Period) Order 1979 (SI 1979/959) 13

Unfair Dismissal (Variation of Qualifying Period) Order 1985 (SI 1985/782) 13Working Time Regulations 1998 (SI 1998/1833) 91, 97, 106, 149

reg. 2 106reg. 2(1) 92reg. 4 107reg. 4(1) 107reg. 5 107reg. 10 107reg. 11 107reg. 12 107reg. 13 107reg. 16 107reg. 21 108reg. 23 108






EC TreatyArt. 13 65, 129Art. 43 228Art. 49 242Art. 137 65, 106Art. 137(1)(d) 69Art. 137(5) 65, 69Art. 138 65Art. 139 65, 95Art. 141 (formerly Art. 119) 14, 40, 65, 66, 67, 130, 152Art. 141(4) 134Art. 234 66Art. 249 65Art. 251 65

EU Charter of Fundamental Rights 40, 44, 67, 132, 176, 223, 243Art. 21(1) 43, 124Art. 23 45, 146Art. 27 46, 179, 180Art. 28 178, 220Art. 30 45, 161Art. 31 45Art. 33 104Art. 33(2) 46, 162

Secondary legislation

Directive 75/117/EC (Equal Pay) 14, 152Art. 1 14

Directive 75/129/EEC (Collective Redundancies) 189Directive 76/207/EEC (Equal Treatment) 130Directive 77/187/EC (Transfer of Undertakings) 190Directive 89/391/EC (Health and Safety) 190Directive 92/56/EEC (Collective Redundancies) 189

Table of EU legislation






xxxiTable of EU legislation

Directive 92/85/EEC (Pregnant Workers) 111Directive 93/104 (Working Time) 106Directive 94/45/EC (European Works Councils) 191Directive 96/34/EC (Parental Leave) 15, 16, 112Directive 96/71/EC (Posted Workers) 242Directive 97/75/EC (Parental Leave – UK) 16, 112Directive 97/81/EC (Part-Time Work) 15, 16, 65, 109, 110

Annex, cl. 3 110Directive 98/23/EC (Part-Time Work – UK) 16, 109, 110Directive 98/50/EC (Transfer of Undertakings) 190Directive 98/59/EC (Collective Redundancies) 189

Art. 2(1) 193Directive 99/70/EC (Fixed-Term Work) 65, 69, 95

cl. 5 69Directive 2000/43/EC (Race) 130

Art. 5 134Directive 2000/78/EC (Discrimination) 129, 130, 131, 132

Art. 7 134Directive 2001/23/EC (Transfer of Undertakings) 190Directive 2002/14/EC (Informing and Consulting Employees) 68, 191

Art. 8 68Directive 2003/88 (Working Time) 106

Art. 22 107Regulation 2157/2001/EC (European Company statute) 191






Convention on the Elimination of All Forms of Discrimination Against Women 1979 40

Art. 1 125, 127Art. 3 126Art. 4 127Art. 5(a) 105Art. 5(b) 105Art. 11 104Art. 11(1)(d) 146Art. 11(2)(a) 103, 162Art. 11(2)(b) 103Art. 11(2)(d) 104

Convention on the Rights of the Child 1989Art. 18(3) 104

European Convention for the Protection of Human Rights and Fundamental Freedoms 1950 17, 40, 57, 61, 62, 64, 69, 243

Art. 8 62Art. 9 44, 62, 131Art. 9(2) 62Art. 10 44, 62, 131Art. 11 17, 43, 44, 62, 64, 72, 177, 199, 202, 203, 204, 208, 209, 211, 215, 221,

222, 228, 245, 246Art. 11(1) 222Art. 11(2) 222, 224Art. 14 43, 124, 131, 132Protocol 12 44, 131

European Social Charter 1961 40, 44, 61Art. 1 44Art. 2 45Art. 3 45Art. 4 45, 69Art. 4(1) 144

Table of international instruments






xxxiiiTable of international instruments

Art. 4(3) 45, 146Art. 4(4) 45, 161Art. 5 44Art. 6 44, 178, 220Art. 6(4) 206Art. 7(5) 151Art. 8 46, 103, 104Art. 8(2) 162Art. 21 61

European Social Charter 1996 40, 44, 176Art. 4 45Art. 4(3) 146Art. 4(4) 161Art. 5 44Art. 6 44, 178, 220Art. 6(4) 206Art. 8 46, 103, 104Art. 8(2) 162Art. 20 45, 162Art. 21 46, 179Art. 22 46Art. 24 45, 161, 162, 163, 164Art. 26 45Art. 27 46, 104Art. 28 46, 180, 200Art. 29 46, 180

International Covenant on Civil and Political Rights 1966 39, 41, 202, 221Art. 2(1) 124Art. 18 44Art. 19 44Art. 21 44Art. 22 43, 177, 202, 222Art. 22(1) 198Art. 26 43

International Covenant on Economic, Social and Cultural Rights 1966 39, 41, 44, 223

Art. 2(2) 43, 124Art. 5 202Art. 6 44Art. 7 45, 102, 144Art. 7(a)(i) 146Art. 8 41, 44, 204Art. 8(1)(a) 198






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