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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.
1 445 kr
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This book investigates measures to increase diversity in the legal profession of England and Wales and the impact on these measures of equality law, specifically in the way it enables organisations lawfully to take positive or affirmative action.The book combines a qualitative interview study of lawyers, legal regulators, recruitment consultants and other civil society actors, with analysis of developments in the legal profession, in equality law and in understanding of the role of law in society.The evidence paints a puzzling picture of the law on positive action being experienced as limiting what employers may do to advance equality, and yet, of significant positive action being taken anyway, at least in this section of the legal profession.The glimpse into legal practice provided by qualitative interviews with a range of lawyers, regulators and civil society actors revealed complex attitudes, persistent barriers to fundamental change, and, in hindsight, that liberalizing positive action laws was never likely to make much difference. This case study therefore cautions against overestimating equality law's power to drive change while suggesting strategies for enhancing its effectiveness.At the broadest level, the book argues for frank acknowledgment of law's limitations, a stronger focus on understanding how legal mechanisms function in practice before deploying them, and much more attention to the potential for advancing equality and addressing broader societal challenges with more imaginative, innovative implementation of existing laws and the use of non-legislative initiatives.