Building a purposive approach to UK labour law

Glazer, Alan H. (2021) Building a purposive approach to UK labour law. LL.M(R) thesis, University of Glasgow.

Abstract

This thesis stresses the need for a reconceptualization of the judicial role in UK labour law. It will be argued that a purposive approach is the most appropriate approach for judges to take in this respect. Indeed, there has been an increasing willingness to use the purposive approach, using non-EU-derived legal sources, by the UK Supreme Court in labour law cases. It will be argued that a change in approach, as described, has the potential to redress the power imbalance in the employment relationship and mitigate the adverse effects progresses, with reference to the theories of Aharon Barak, Guy Davidov, Ronald Dworkin and labour law cases in the House of Lords and UK Supreme Court. The thesis will use this model to make a descriptive and normative assessment of how the UK Supreme Court should decide Uber v Aslam.

• Item Type: Thesis (LL.M(R))
• Qualification Level: Masters
• Keywords: Judicial reasoning, legal theory, labour law, purposive interpretation, UK Supreme Court, Uber v Aslam.
• Subjects: K Law > K Law (General)
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Christodoulidis, Professor Emilios and Dukes, Professor Ruth
• Date of Award: 2021
• Depositing User: Mr Alan H Glazer
• Unique ID: glathesis:2021-82042
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 03 Mar 2021 09:57
• Last Modified: 03 Mar 2021 10:09
• Thesis DOI: 10.5525/gla.thesis.82042
• URI: https://theses.gla.ac.uk/id/eprint/82042