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Preview: Industrial Law Journal - Advance Access

Industrial Law Journal Advance Access

Published: Tue, 14 Nov 2017 00:00:00 GMT

Last Build Date: Tue, 14 Nov 2017 10:52:57 GMT


Article 11 ECHR and the Right to Collective Bargaining: Pharmacists’ Defence Association Union v Boots Management Services Ltd


The quotation and book chapter reference at footnote 45 was mistakenly attributed to Lord Reed. The correct attribution is Lord Kerr. This has been corrected in the most recent version of the paper.

The Public Sector Equality Duty: Enforcing Equality Rights Through Second-Generation Regulation


This article reviews the effectiveness of the Public Sector Equality Duty (PSED), based on insights from debates within equality law and theories of regulation. Drawing on examples of its practical implementation, the strengths and weaknesses of the ‘reflexive turn’ in equality law are assessed. While recognising the concerns raised regarding second-generation regulation, such as its inability to address structural power relations, the article proposes that this form of regulation has some merit when applied to equality law. First, the participatory processes that it produces can in themselves be viewed as equality outcomes, particularly when equality is understood to encompass the participation and inclusion of vulnerable groups. Second, this form of regulation can introduce change within organisations, proving reasonably resilient once embedded in standards of good management practice. The paper does not suggest that the processes of the PSED cannot be improved and instead proposes a number of ways in which second-generation regulation can be made more effective. However, it argues that examples of the implementation of the PSED show how reflexive regulation can provide more effective and resilient means to support the realisation of equality and social justice than at first appears.

De-Constitutionalising Collective Labour Rights: The Case of Greece


Since 2010, multiple waves of EU/IMF-imposed legislative reforms have led to extensive deregulation or ‘de-construction’ of Greek collective labour law. While there are many accounts of the Greek reforms, no systematic attention has been devoted to the following paradox: how is such a de-construction possible, in a jurisdiction enjoying a strong domestic constitutionalisation of labour rights, and apparently observing multiple transnational collective labour rights, derived from the CFREU, ECHR, and ILO Conventions? This article sets out to investigate the constitutional dynamics behind the process termed here as ‘de-constitutionalisation’ of collective labour rights. It seeks to add two contributions to the existing literature. Firstly, taking its cue from Eric Tucker’s mapping of multi-level ‘capital’ and ‘labour’ constitutions developed in the Canadian context, it suggests that the Greek case of de-constitutionalisation is the cumulative result of a specific configuration of interactions between ‘aggressive’ EU-IMF conditionality at the level of transnational capital rights, and ‘defensive’ articulation of labour rights at domestic and transnational levels. As will be seen, these interactions disguise an asymmetric clash between a strong constutionalisation of capital rights at transnational level, and a weak constitutionalisation of labour rights at both transnational and domestic levels. Secondly, the article projects the Greek case onto the broader constitutionalisation debate, which questions the desirability of constitutionalising collective labour rights as an effective response to neo-liberal policies and laws. While submitting that the Greek developments support the sceptical side of this debate, in particular by providing a continental European confirmation of Tucker’s thesis, the article offers several new reflections of relevance to the constitutionalisation debate.

Pension Privatisation: Benefits and Costs


During the last 10 years, many OECD countries introduced reforms which included automatic enrolment or mandatory participation in privately managed pension schemes. The current article aims to reveal the benefits and costs of privately managed pension schemes. The article uses a study of pension schemes’ bylaws in Israel to study the degree to which the shift to privately operated DC schemes results in the transfer of risk from capital to labour and in the entrenchment of gender and income inequalities. The article shows that the shift of pension provision from defined benefit (DB) to defined contribution (DC) entails a significant shift of risk from capital to labour. Moreover, separately from the DB to DC shift, moving from public management to private management increases employees’ pension risks. Lastly, the paper shows that the combination of the shifts from DB to DC and from public to private management involves a shift in governance, which exposes pension scheme members to a high likelihood of lower returns as well as to gender and income inequalities.