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Justice in Dismissal : The Law of Termination of Employment - Hugh Collins

Justice in Dismissal

The Law of Termination of Employment

Hardcover Published: 23rd April 1992
ISBN: 9780198254355
Number Of Pages: 302

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Dismissal is the popular term used to describe an employer's action of terminating a contract of employment. Justice in Dismissal offers a critical assessment of the law of termination of employment in the United Kingdom. It challenges some of the basic principles of the law and points to misconceived interpretations and unsatisfactory applications of the law to particular cases. The source of these criticisms springs both from a detailed examination of the effects of the law and from deeper reflections about the demands of social justice with respect to job security.
The latest title to appear in the Oxford Monographs on Labour Law series, Justice in Dismissal will appeal not only to legal academics working in the field of labour law but also to readers interested in jurisprudence and legal theory.

Industry Reviews

'This work is most welcome ... it can be confidently stated that although not all readers will agree with either Hugh Collins' starting points or his conclusions, they will have been stimulated into arguments far more conceptual, fundamental and wide-ranging than one normally associates with the topic of dismissal. This is a most worthy addition to the OUP monograph series.' Hazel McLean, Trinity College, Cambridge, Industrial Law Journal, Vol. 21, No. 4, December 1992 'Collins' book is the third to appear in the excellent new series Oxford Monographs on Labour Law ... the joy of the book is that, as well as interesting and informing the reader, it does stimulate a desire to discuss and debate ... It will provide the starting point for many a lively seminar ... and the point of departure in many an academic article.' Linda Dickens, University of Warwick, Industrial Relations Journal 'Collins remains sensitive to the conflicting considerations - of efficiency and security of employment - at the heart of the legislation. Collins has written a powerful exposition of the legitimating principles in the law.' Michael Ford, University of Hull, The Modern Law Review, Vol. 56, March 1993 `Collins raises and answers some interesting questions surrounding the policy aims and the application of the legislation on unfair dismissal. He is particularly good on remedies. The book can profitably be read by service industry personnel who already have an understanding of how the law on this topic fits together.' The Service Industries Journal

Table of Cases
Table of Statutes
Introductionp. 1
Harsh but Fairp. 6
General Aimsp. 9
Origins of the Legislationp. 23
The Common Law of Wrongful Dismissalp. 29
The Ideology of the Common Lawp. 32
Juridification of Managerial Prerogativep. 34
The Range of Reasonable Responses Testp. 37
A Taxonomy of Dismissalsp. 41
The Structure of the Fairness Inquiryp. 41
Foreclosure of the Fairness Inquiryp. 47
Three Types of Dismissalp. 52
The Concept of Redundancyp. 58
Public Rights Dismissalsp. 67
Substantive Fairness in Disciplinary Dismissalsp. 70
The Challenge of Interpretationp. 71
Rights-Based Justificationsp. 83
Goal-Based Justificationsp. 90
The Practice of the Tribunalsp. 95
The Best Interpretationp. 99
Procedural Fairnessp. 104
Three Models of Procedural Fairnessp. 105
The Shifting Course of the Tribunalsp. 111
An Interpretation of Procedural Fairnessp. 120
Common Law in Transitionp. 126
Subversion by Conciliationp. 137
Conclusionp. 139
Economic Dismissals and Social Costp. 141
The Claim of Job Securityp. 144
Property Rightp. 145
Contribution to Autonomyp. 153
Distributive Justicep. 157
Conclusionp. 158
Nature and Causes of Economic Dismissalsp. 158
The Efficiency of Regulationp. 163
Minimizing Social Costp. 170
Conclusionp. 183
Civil Liberties in the Shadow of Managerial Prerogativep. 185
The Public-Private Distinctionp. 187
Legitimization Techniques of Boundary Maintenancep. 192
Rights and Goodsp. 196
What Rights?p. 199
What Remedies?p. 214
The Search for Legal Guarantees of Job Securityp. 216
The Interest in Job Securityp. 217
Corrective Justicep. 219
Qualifying Considerationsp. 226
Distortion by Private Interestp. 234
Injunctionsp. 237
Intimacy and Estrangement in Employmentp. 245
The Social and Economic Effects of Dismissal Lawp. 247
Disciplinary Practicesp. 248
Collective Industrial Relationsp. 254
Labour Marketp. 258
The Organization of Capitalp. 262
The Role of the Statep. 265
Conclusionp. 270
Indexp. 275
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780198254355
ISBN-10: 0198254350
Series: Oxford Monographs on Labour Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 302
Published: 23rd April 1992
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.8 x 16.3  x 2.5
Weight (kg): 0.65