Bullying and Behavioural Conflict at Work
The Duality of Individual Rights
Series: Oxford Labour Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 19 November 2015
- ISBN 9780199691371
- Binding Hardback
- No. of pages320 pages
- Size 240x167x25 mm
- Weight 644 g
- Language English 0
Categories
Short description:
Based on extensive empirical research examining behavioural conflict at work, this book gives a much-needed insight into the current law that regulates workplace behaviour. Arguing that current law and policy is insufficient, the author suggests reforms which seek to reconcile individual and collective perspectives on working life.
MoreLong description:
In an empirical study of the interaction between law, adjudication, and conflicts about behaviour in the workplace, Lizzie Barmes analyses how labour and equality rights operate in practice in the UK. Arguing that individual employment rights have a Janus-faced quality, simultaneously challenging and sustaining existing distributions of power between management and employees, she calls for legal intervention at work to focus on resolving tensions between collective and individual concerns across the range of workplaces, and to stimulate the expression and reconciliation of different viewpoints in the implementation and enforcement of individual legal entitlements.
Based on extensive primary research, the volume surveys and analyses experiences and attitudes towards negative behaviour in the workplace, and explains relevant employment and equality law as it has developed from 1995 to the present day, covering the major case law and legislative developments over this time. This book provides qualitative analysis of authoritative UK judgments about behavioural conflict at work from 1995 to 2010, as well as of interviews with senior managers and senior lawyers, allowing the reader first-hand insight into the influence of law and legal process on problems and conflict at work.
Very few scholars could have reached this level of empirical and doctrinal sophistication. Professor Barmes does so with consummate skill, and in so doing, she has produced a work that will surely rank as one of the `classics' of the discipline.
Table of Contents:
Introduction
The Empirical Background to Behavioural Conflict at Work
The Substantive Legal Background to Behavioural Conflict at Work from 1995 to 2015
Factual Themes in Case Law about Behavioural Conflict at Work
Legal Themes in Case Law about Behavioural Conflict at Work I: Overlapping Rights and the Snakes and Ladders Effect
Legal Themes in Case Law about Behavioural Conflict at Work II: Consistency in Applying Behavioural Rules
Legal Themes in Case Law about Behavioural Conflict at Work III: Consistency in Analyzing Employer Responses
Senior Managers and Lawyers on Behavioural Conflict at Work and Legal Influences
Senior Managers and Lawyers on Behavioural Conflict at Work and the Missing Collective Dimension
Conclusions
