Atkinson, J. orcid.org/0000-0001-5207-2231 (2023) Employment status and human rights: an emerging approach. The Modern Law Review, 86 (5). pp. 1166-1196. ISSN 0026-7961
Abstract
The question of who falls within the ‘personal scope’ of employment law is of fundamental importance to the field but remains highly contested. This article makes a novel contribution by examining the implications of human rights in this context and advocating a fundamental shift in the courts’ approach to personal scope. It suggests that where employment legislation functions to protect human rights the scope of these statutes should, at the level of normative principle, be construed inclusively with any exclusions needing to be justified. The article then argues that the effect of the Human Rights Act 1998 is to introduce a new human rights approach to employment status into English law which closely reflects this proposal. It sets out the frameworks that domestic courts should apply, and critically assesses a line of recent cases which illustrate the emergence and significance of this human rights approach to personal scope.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2023 The Authors. The Modern Law Review published by John Wiley & Sons Ltd on behalf of Modern Law Review Limited. This is an open access article under the terms of the Creative Commons Attribution-NonCommercial-NoDerivs License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits use and distribution in any medium, provided the original work is properly cited, the use is non-commercial and no modifications or adaptations are made. |
Keywords: | Peace; Justice and Strong Institutions |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 22 Aug 2023 12:36 |
Last Modified: | 22 Aug 2023 12:36 |
Status: | Published |
Publisher: | Wiley |
Refereed: | Yes |
Identification Number: | 10.1111/1468-2230.12803 |
Related URLs: | |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:202600 |
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