Documents Atkinson, Joe 5 results

" This article considers the potential for implied terms in the contract of employment to protect employees' human rights. The slim prospects of legislative action in this area make it important to consider common law means of protecting human rights at work. Part 2 begins by setting out the function of implied terms in the contract of employment and the various ways human rights can affect the legal regulation of the employment relationship. Part 3 considers the extent to which the implied term of trust and confidence can protect employees' human rights. While there are numerous points of overlap between trust and confidence and human rights, both the scope of the implied term and the level of protection it provides mean that it is currently an inadequate mechanism for protecting human rights at work. Part 4 then assesses the prospects of a new human rights term being implied into the contract of employment using the existing tests for terms implied ‘in fact' and ‘in law', and develops a prima facie case in favour of implying a human rights protective term into all employment contracts as a default rule."

"Artificial intelligence (AI) technology is disrupting and transforming many aspects of society, including the organisation and performance of work. Much of the focus and debate regarding this transformation has so far been on the effect of automation on the availability of jobs and work. However, AI-based technologies are also increasingly being adopted by employers as a means of exercising their managerial functions and prerogative, a practice sometimes labelled ‘algorithmic management' ..."

"In this article, we consider the legal frameworks that enable workers to influence the deployment of new workplace technologies in the United Kingdom and the future of worker voice and algorithmic management in a post-Brexit Britain. The article demonstrates how the legal mechanisms that facilitate voice at work, primarily collective bargaining via trade unions, can be leveraged to influence employers' choices regarding algorithmic management. However, it also identifies both familiar and novel challenges regarding using these routes to ‘negotiate the algorithm'. The article then outlines major regulatory proposals emerging from the EU that would establish greater co-determination in this context and assesses their relevance to the UK labour market. It concludes by considering whether specific regulatory measures are necessary in the UK context to enhance the exercise of worker voice regarding the deployment of algorithmic management and close the widening gap between the position of UK and EU workers."

"The UK has seen a dramatic growth in precarious work over recent decades, including the amorphous category of ‘zero-hours contracts' which are often regarded as a paradigm example of an exploitative and insecure form of work. Although somewhat overshadowed by litigation and debates surrounding the gig-economy, the regulation of zero hours work continues to be a pressing issue in the UK, and important questions as to the rights that are, and should be, available to individuals with these contracts remain unanswered. This article sets out the detrimental effects that zero hours working arrangements have in the absence of adequate regulatory safeguards and argues that the orthodox treatment of zero hours contracts under English law, and the standard tools of employment law, fail to protect against these economic and social harms. The article then assesses the extent to which recent legislative and common law developments improve the position of zero hours workers, and whether existing legislation might be creatively applied to better protect these individuals. While current statutory frameworks, including reforms and legislation aimed at regulating atypical work, fall short of adequately protecting zero hours workers, the ‘purposive approach' to employment status developed by the Supreme Court in Uber makes it considerably easier for zero hours contracts to be brought within the protective scope of employment law. It is argued that under this approach many individuals with supposedly ‘zero hours' working arrangements should in fact now be regarded as employees with overarching contracts of employment. Despite the significance of this, however, it is ultimately concluded that further statutory intervention is necessary to effectively regulate zero hours work in the UK."