ORCID Profile
0000-0002-8149-4887
Current Organisation
University of Melbourne
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Labour Law | Law | Human Rights Law
Work and Institutional Development not elsewhere classified | Ageing and Older People | Law Reform |
Publisher: SAGE Publications
Date: 06-2016
Abstract: This article considers the extent to which the Equality Act 2010 (EqA) represents a form of reflexive law, with a particular focus on provisions relating to age discrimination. I argue that the EqA may better reflect a form of command and control regulation, though it includes a number of reflexive elements. Drawing on data from the 2011 Workplace Employment Relations Study survey, I consider the extent to which the EqA has effected change in age-aware practices in UK organizations. I argue that the EqA has made limited progress in promoting age-aware activities in the United Kingdom, potentially reflecting the limitations of command and control regulation. Thus, I propose a number of reforms that may help to strengthen the reflexive aspects of the EqA.
Publisher: Hart Publishing
Date: 2019
Publisher: La Trobe University
Date: 09-09-2021
DOI: 10.26826/LAW-IN-CONTEXT.V37I2.165
Abstract: This Guest Editorial introduces a Special Issue of Law in Context which considers how the collection of large-scale data by government entities and organisations might advance the equality agenda across erse areas of public life, and how best to manage the risks of this emerging strategy. Drawing on interdisciplinary perspectives and the insights of policymakers, the articles and comments listed below seek to develop new principles to guide government and organisational activity in this novel endeavour.
Publisher: Cambridge University Press (CUP)
Date: 09-2015
DOI: 10.1111/LEST.12079
Abstract: The abolition of the default retirement age is creating challenges for UK employers, and universities in particular. Operating without mandatory retirement may have consequences for performance management, the creation of opportunities for new generations of workers, the scope for workforce planning and employment costs. Drawing on comparative experiences of Australian universities, which have been operating without mandatory retirement since the 1990s, this paper critically examines whether these consequences have materialised in Australia. It draws out a number of lessons for UK universities from the Australian experience.
Publisher: Oxford University Press (OUP)
Date: 26-04-2016
Publisher: Routledge
Date: 11-09-2017
Publisher: SAGE Publications
Date: 03-2016
DOI: 10.1177/201395251600700102
Abstract: The EU's ageing population is creating new challenges for employment law and social security systems. In particular, the use of mandatory retirement is coming under increased scrutiny as governments attempt to extend working lives. This article considers the extent to which the abolition of the national default retirement age in the UK has regulated out precariousness for older workers. Drawing on doctrinal analysis and empirical evidence, including surveys of employers and government workforce statistics, it examines the emerging impact of the legal reforms on the status and participation of older workers in the UK. It provides a critical examination of the role of mandatory retirement and similar age-specific employment regulations in constructing precariousness for older workers. While focused specifically on the situation in the UK, this article has broader repercussions for other EU Member States, particularly given current pressure across the EU to increase participation rates for, and improve the position of, older workers.
Publisher: SAGE Publications
Date: 09-2013
Publisher: Edward Elgar Publishing
Date: 24-02-2017
Publisher: Cambridge University Press (CUP)
Date: 25-03-2021
DOI: 10.1017/LST.2021.11
Abstract: The online publication of employment tribunal (ET) decisions in England, Wales and Scotland marks a watershed moment, opening up new innovative avenues for legal research, and promoting transparency in labour law decision-making. Drawing on this ‘dataset’, and using age discrimination decisions as a lens to facilitate analysis, this paper reflects on the advantages and limitations of using online ET decisions as a data source to support labour law research. By considering matters of time in age discrimination decisions – both in relation to time limits for bringing a claim, and ET delays – this paper uses innovative empirical findings to map the limits of the in idual enforcement model adopted by discrimination laws, and illustrates some of the barriers to successfully bringing a claim for discrimination.
Publisher: Informa UK Limited
Date: 30-09-2013
Publisher: SAGE Publications
Date: 06-2012
DOI: 10.22145/FLR.40.2.6
Abstract: Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and the text of Australia's various constitutional documents. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take.
Publisher: Oxford University Press (OUP)
Date: 09-2013
DOI: 10.1093/JRS/FET021
Publisher: Informa UK Limited
Date: 13-02-2020
Publisher: Cambridge University Press (CUP)
Date: 20-04-2017
DOI: 10.1017/S0144686X16000313
Abstract: Population ageing is a key challenge confronting European policy makers. Ageing is a complex issue, requiring a value-driven approach to law and policy. However, there has been limited consideration of what values are driving ageing law and policy in the European Union, or if these values are appropriate. Drawing on an empirical study of United Kingdom (UK) legal policy documents, this paper identifies and critiques the primary values and objectives driving ageing law and policy in the field of employment. It is argued that the values driving UK law and policy are often contested, contradictory and under-defined, and there has been limited thought given to how they should be prioritised in the event they conflict. Thus, there is a serious need to reconsider the approach to age and employment taken by policy makers, and to clarify better the key values on which law and policy rest.
Publisher: Edward Elgar Publishing
Date: 2015
Publisher: SAGE Publications
Date: 26-04-2021
DOI: 10.1177/13582291211010418
Abstract: In 2011, the UK government abolished the national default retirement age. While this could support extended working lives and promote in idual choice, it could also be a neoliberal ‘ploy’ to in idualise the risks of old age. The question, then, is what impact does the removal of mandatory retirement have in practice: does it help to promote in idual choice and autonomy? Or does it lead to work intensification and the in idualisation of the risks of demographic change? Or both, perhaps simultaneously? Drawing on original qualitative and quantitative empirical data from UK and USA universities, this article considers the impact of removing mandatory retirement ages on in idual workers in higher education. It argues that legal reform may have prompted or encouraged work intensification in universities, including through an increased focus and use of performance management. Thus, in practice, the consequences of removing retirement ages for in iduals are mixed.
Publisher: Informa UK Limited
Date: 03-07-2018
Publisher: SAGE Publications
Date: 15-04-2019
Abstract: Judges fulfil a fundamental constitutional role in democratic systems. Most research on judges, though, focuses on the public and constitutional significance of the judicial role, not the needs of in idual judges. This article applies a labour law lens to help reconceive the judicial role in a way that balances the in idual and collective needs of judges with the institutional and constitutional needs of the third arm of government, drawing on comparative analysis of Australia and the United Kingdom, and ex les from common law countries. I argue that, while some progress has been made towards using labour law to structure and inform judicial roles, labour law offers new insights into how judges and judicial work might be supported. This may both assist judges in their in idual capacity and support the judiciary as an institution. It therefore has significance for judges as in iduals and the judiciary’s fundamental constitutional role.
Publisher: La Trobe University
Date: 30-08-2021
DOI: 10.26826/LAW-IN-CONTEXT.V37I2.150
Abstract: Transparency is a radical expectation in the context of equality law. In a system highly dependent on in idual enforcement, the lack of transparency in the treatment of in idual claims dramatically limits the potential of equality law to achieve systemic change. Overcoming discrimination that is systemic, embedded, and pervasive requires moving beyond confidential mechanisms for addressing discrimination. Given that the implementation of workplace equality law occurs in practice at the organisational level, there is a growing need to focus on what employers are actually doing to achieve equality, and how their practices are accountable to those affected and the broader community.
Publisher: SAGE Publications
Date: 03-2009
Publisher: Cambridge University Press (CUP)
Date: 28-06-2019
DOI: 10.1017/LST.2018.53
Abstract: Experimentalism is a theory of regulation in which change is achieved via a process of ‘directly deliberative polyarchy’ within an experimentalist architecture. This paper argues that experimentalism offers a normatively desirable model for legal interventions relating to the ageing workforce, and age equality law in particular, and offers new insights into existing UK scholarship on reflexive law. Drawing on qualitative and quantitative data from UK universities, this article considers the extent to which reforms to retirement ages have promoted a form of experimentalism among UK universities. This paper offers concrete suggestions and reforms for how an experimentalist framework could be adopted in this context to enhance regulatory reform.
Publisher: Oxford University Press (OUP)
Date: 20-05-2015
DOI: 10.1093/TANDT/TTV048
Publisher: Cambridge University Press (CUP)
Date: 07-2013
Publisher: Oxford University Press (OUP)
Date: 29-05-2015
Publisher: Elsevier BV
Date: 2019
DOI: 10.2139/SSRN.3362157
Publisher: Brill | Nijhoff
Date: 07-06-2019
Publisher: Palgrave Macmillan UK
Date: 2016
Publisher: Informa UK Limited
Date: 02-07-2016
Publisher: Hart Publishing
Date: 2020
Publisher: Cambridge University Press (CUP)
Date: 28-05-2018
DOI: 10.1017/S0020589318000143
Abstract: In recent years there has been a trend towards independent and more transparent ethical regulation for sitting judges, which is said to promote public confidence in the judicial institution, and reflect a move towards accountability and transparency as judicial values. However, regimes governing sitting judges largely fall away when the judge retires from the bench. Increasing longevity and rising numbers of former judges raise complex ethical regulation questions. Drawing on judicial ethics regimes in England and Wales, Australia, the United States and New Zealand, and instances where the conduct of former judges has reflected poorly on the integrity of the judiciary, this article argues that there are strong reasons for extending ethics regulation beyond judicial retirement. By reference to the principles that inform the rules regulating the conduct of sitting judges, we investigate the extent to which misconduct and disciplining regimes should extend to former judges, and whether there is a stronger role for soft instruments and more formalized processes for regulating former judges. In doing so, we propose a model for the development of ethical regulation for former judges.
Publisher: Cambridge University Press (CUP)
Date: 07-2013
Publisher: Cambridge University Press (CUP)
Date: 11-2012
Publisher: Elsevier BV
Date: 2019
DOI: 10.2139/SSRN.3469168
Publisher: SAGE Publications
Date: 20-03-2020
Abstract: Judicial incapacity, while under-researched, presents unique challenges for supporting and responding to issues of judicial performance. In this article, we argue for a reconceptualisation of this topic based on contemporary theories of socially-constructed disability and principles of anti-discrimination law. While assisting and supporting judicial officers who are attempting to work with a disability or ongoing health issue will always be complex, this reconceptualisation offers heads of jurisdiction, conduct commissions and parliamentarians, who retain the ultimate sanction of removal, the opportunity to craft a surer guide for handling cases of incapacity. This will not only better serve the in idual concerned, affording them greater agency and dignity than has traditionally been the case, but also protect the principle of judicial independence.
Location: United Kingdom of Great Britain and Northern Ireland
Location: United Kingdom of Great Britain and Northern Ireland
Start Date: 2017
End Date: 2019
Funder: Australian Research Council
View Funded ActivityStart Date: 2017
End Date: 05-2023
Amount: $355,000.00
Funder: Australian Research Council
View Funded Activity