Showing posts from June, 2022

How the Job Retention Scheme demonstrated the failings of British Labour Law?

The Job Retention Scheme (JRS) is a perfect case study to highlight the failings of British Labour Law. This article will focus on how such failures were evident in regards to i) lack of unfair dismissal protection, ii) lack of collective bargaining for workers and; iii) lack of protection for precarious workers.  What are the fundamental failings of British labour law? In order to determine the failings of British Labour law, it is important to first establish the normative standard it should be held to. It is best to look to the normative framework established by ILO Constitution. In its most recent form, the ILO reinforced the importance of social justice, and social dialogue in contributing to the ‘overall cohesion of societies’, while being ‘crucial for a well-functioning and productive economy’.  British labour law has failed to live up to this standard. It has been largely stripped of its traditional function of protecting workers from various abuses of employer power. The pre-p

As a result of its intense focus on the state of the defendant’s conscience, does equity fail to strike a fair balance between the interests of beneficiaries and third-party recipients of trust assets?

The doctrine of unconscionability distinguishes equity law from the common law. As such, an intense focus on the state of conscience is a defining feature of equity’s operations. However, its operation in knowing receipt has led to uncertainty as to when a recipient is liable, failing to strike a fair balance for both beneficiaries and third parties who are left without clarity as to their rights. It is argued there is no balance to be struck between a third-party gaining asset she should never have gained, against the equitable proprietary interest of the beneficiary. The third party should account for gain regardless of conscience or knowledge. Therefore, conscience does not cause equity to fail in striking a fair balance, but rather attempts to strike a balance where one should not be found.  Intense focus on conscience? Conscience underlies the roots of equity law, historically enabling the Court of Chancery to intervene where the rigidities of the common law would cause inequitabl