Tonia Novitz
University of Bristol, Law, Faculty Member
Research Interests:
Research Interests:
Fulfilling the Sustainable Development Goals (SDGs), and more broadly, achieving sustainability, requires reform of EU laws, policies and practice concerning business. The contribution of business is vital to achieving sustainability, and... more
Fulfilling the Sustainable Development Goals (SDGs), and more broadly, achieving sustainability, requires reform of EU laws, policies and practice concerning business. The contribution of business is vital to achieving sustainability, and yet we know that business-as-usual currently undermines sustainability goals. To change this, reform is necessary. The Covid19 pandemic, currently affecting most countries around the world, highlights the interconnectedness, complexity and vulnerabilities of our global society. At the time of writing, the EU and many Member States struggle to find out how to mitigate the worst economic and social impacts of the virus and the measures put into place to limit the spread. In the months and years ahead, more economic rescue packages and incentives will be introduced to reboot the economy after this unplanned and unwanted shutdown. It is imperative that this is done in a way that supports the transition to sustainability. Our SMART Project proposals aim...
Research Interests:
Research Interests:
Research Interests:
Covid-19 har aktualiserat hur samhället bedömer och reagerar på hälsorisker i arbetet. I Sverige ska som utgångspunkt alla risker undanröjas, medan risker i England ska undvikas om det är rimligt genomförbart. Riskbedömningar har en... more
Covid-19 har aktualiserat hur samhället bedömer och reagerar på hälsorisker i arbetet. I Sverige ska som utgångspunkt alla risker undanröjas, medan risker i England ska undvikas om det är rimligt genomförbart. Riskbedömningar har en förebyggande funktion men har också kommit att fungera som ett skydd för arbetsgivare. I artikeln undersöks ansvarets omfattning, relevanta riskfaktorer och de roller som spelas av offentliga tillsynsorgan och andra aktörer.
Research Interests:
Research Interests:
Co-authors: Bridget Anderson, School of Sociology, Politics & International Studies, University of Bristol Katie Bales, University of Bristol Law School Alan Bogg, University of Bristol Law School Tonia Novitz, University of Bristol Law... more
Co-authors: Bridget Anderson, School of Sociology, Politics & International Studies, University of Bristol Katie Bales, University of Bristol Law School Alan Bogg, University of Bristol Law School Tonia Novitz, University of Bristol Law School Julia O’Connell Davidson, Sociology, Politics & International Studies, University of Bristol Frederick Harry Pitts, School of Economics, Finance & Management, University of Bristol Peter Turnbull, School of Economics, Finance & Management, University of Bristol
Research Interests: Critical Theory, Industrial And Labor Relations, Management, Sociology, Political Economy, and 15 moreSociology of Work, Employment Law, Regulation And Governance, Industrial Relations, Employment Relations, Labour Law, Critical Management Studies, Organization Studies, Human Resource Management, Labour Studies, Work and Labour, Labor History and Studies, Employment, HRM & Organisational Behaviour, and Socio Legal Studies
Research Interests:
This preliminary chapter traces the development of the sustainability agenda at multiple decision-making scales, also incorporating recent and upcoming political changes. In doing so, it provides a critical discussion of the historical,... more
This preliminary chapter traces the development of the sustainability agenda at multiple decision-making scales, also incorporating recent and upcoming political changes. In doing so, it provides a critical discussion of the historical, non-linear development of sustainability, showing the malleability of the concept, its ethical underpinning and the influence of the political realm in shaping the legal and policy articulations of sustainability. The analysis is informed by critical theory and environmental law theory. More specifically, rejecting the modernist dichotomy between the Eco and the Anthropos, we move beyond a pillar approach to sustainability and consider the scope for dissensus, a more relational analysis and a transition towards the pluriverse.
Research Interests:
Commercial platforms were once lauded as a facet of the sustainable ‘sharing economy’. Today, the short-termism associated with ‘gig work’ is widely condemned as an obstacle to sustainable development. This article begins by examining... more
Commercial platforms were once lauded as a facet of the sustainable ‘sharing economy’. Today, the short-termism associated with ‘gig work’ is widely condemned as an obstacle to sustainable development. This article begins by examining what is meant by ‘sustainability’, including how we might interpret and apply the Sustainable Development Goals adopted by the United Nations and endorsed by the International Labour Organization. The second substantive part of the article analyses contemporary practices associated with intermittent and insecure platform work which have been identified globally, with reference to longer term and inter-related economic, environmental and social effects. The third part reflects on how appreciation of these effects could shape a future reform agenda oriented towards sustainable development. It is argued that recognition of the desirability of sustainability could enhance the case for holistic legal reform, promoting collective solidarity and action across...
Research Interests:
Research Interests:
Research Interests:
Research Interests: Law and Jurisprudence
Research Interests: Law, Economics, Competition Law, Employment, EU, and 5 moreFree Movement, Work, Collective Agreements, Industrial Law, and Brexit
This article examines disputes regarding the connection between freedom of association and the right to strike, occurring at multiple levels, within international, regional and national legal orders. It focuses on the period from 2007 to... more
This article examines disputes regarding the connection between freedom of association and the right to strike, occurring at multiple levels, within international, regional and national legal orders. It focuses on the period from 2007 to 2019, when a challenge was made to norms longestablished at the International Labour Organization (ILO) that was subsequently continued in European and national court proceedings. These events raised the potential for normative fragmentation and conflict between legal systems. This article interrogates the roles played by two key actors in these processes: the International Organization of Employers (IOE) and the International Trade Union Confederation (ITUC). Drawing on sociological insights into collective action offered by Offe and Wiesenthal, transposed to the transnational level, an analysis is offered of the power dynamics that motivated IOE attempts to alter the content and influence of ILO norms, alongside the scope for ITUC resistance, give...
Research Interests:
Research Interests:
Since the financial crisis and the attempts made subsequently to alleviate sovereign debt, European Union (EU) Member States have pursued policies that limit access to legally recognised forms of ‘employment’. Such policies have... more
Since the financial crisis and the attempts made subsequently to alleviate sovereign debt, European Union (EU) Member States have pursued policies that limit access to legally recognised forms of ‘employment’. Such policies have well-documented effects on individual employment rights, such as access to protection from dismissal, but also have the capacity to undermine scope for freedom of association. That effect may arise by virtue of domestic labour laws, but also EU law relating to employment status in the context of collective representation. There is the possibility that EU institutions could redefine employment status to encompass non-standard forms of employment and there are tentative moves in this direction. Recourse to Council of Europe institutions to promote protection of freedom of association as a universal human right may also prove an effective means of addressing the legacy of austerity policies.
Research Interests:
In this article, we seek to examine the potential for cross-fertilisation of legal regimes relating to trade union representation of members in collective bargaining. The United Kingdom has moved from an entirely voluntarist model in the... more
In this article, we seek to examine the potential for cross-fertilisation of legal regimes relating to trade union representation of members in collective bargaining. The United Kingdom has moved from an entirely voluntarist model in the 1980s to a statutory regime which facilitates recognition of a trade union following majority support from workers (usually by a ballot). By way of contrast, New Zealand has shifted from a highly regulated award-based model in the 1980s to an "agency" model whereby an employer is required to bargain in good faith with any union representing two or more of the employer's employees, but with some balloting also contemplated for coverage of non-unionised workers. It is uncontroversial that the United Kingdom legislation has been severely limited in its effects in a context of ongoing decline in collective bargaining, while the New Zealand model offers only faint remediation of the dismembering of the collective bargaining system by the Em...
Research Interests:
Research Interests:
Research Interests:
Bob Simpson has documented the evolution of collective labour laws in the UK over several decades and his scholarship reminds us of their intended and unintended consequences. In the highly politically charged context of the 2016 Brexit... more
Bob Simpson has documented the evolution of collective labour laws in the UK over several decades and his scholarship reminds us of their intended and unintended consequences. In the highly politically charged context of the 2016 Brexit vote, this article considers how UK and European Union (EU) laws have shaped the nature and scope of collective bargaining in the UK and, thereby, income differentials and equal treatment in the workplace. While it would be possible to provide for equality of treatment between local British and migrant labour in ways that reduce social tensions, instead we have witnessed the imposition of legal frameworks that place workers in a position of competition rather than solidarity. The mistrust of current forms of migration from the EU seems to have been one key part of the journey towards the Brexit vote. An important question is what comes afterwards. If Brexit does not proceed, we should be contemplating reform at both UK and EU levels; but the problems...
Research Interests:
Research Interests:
The UK Government provided a tardy response to the coronavirus pandemic, which would seem to have led to widespread community transmission and a high death toll.The measures taken in relation to the labour market were disappointing, being... more
The UK Government provided a tardy response to the coronavirus pandemic, which would seem to have led to widespread community transmission and a high death toll.The measures taken in relation to the labour market were disappointing, being predominantly concerned with protecting business, while limited assistance was provided to the most vulnerable, precarious workers. Jobs have been preserved by such measures, but it is unclear what will happen as the Government schemes are phased out. Crucial issues relating to health and safety at work have been downplayed during the crisis, racial concerns have emerged and gender-related inequalities are being given little attention by the Government. The Trades Union Congress (TUC) has engaged with the Government on policy matters, resulting in some significant alterations to measures taken. Unions have also been prominent in discussions regarding the terms of return to work. This report was originally submitted on 10 April and has now been upda...
Research Interests:
Research Interests:
Research Interests:
Research Interests:
This article analyses past and future work at the International Labour Organization (‘ILO’) with reference to the transformational analysis offered by Karl Polanyi, examining how constitutional statements made through ILO Declarations... more
This article analyses past and future work at the International Labour Organization (‘ILO’) with reference to the transformational analysis offered by Karl Polanyi, examining how constitutional statements made through ILO Declarations reflect countermovement to market dominance. These policy shifts at the ILO are also analysed in relation to the three pillars of sustainability (environmental, economic and social), which arguably map onto Polanyi’s three fictitious commodities (with a focus on labour as emblematic of social concerns). It is argued that the emphasis on social justice and sustainability in the 2019 ILO Global Commission Report, including the proposal for a Universal Labour Guarantee, provides significant resistance to the economic orthodoxy regarding the future of work promoted by the World Bank Group and the Organization for Economic Cooperation and Development (‘OECD’). However, this narrative of ILO countermovement also exposes a lack of balanced regulation which re...
Research Interests: Business, Law, Future, Voice, Labour, and 5 moreILO, Work, Movement-Countermovement, Sustainability, and fictitious commodities
Research Interests:
The 2018 Amending Directive is the most recent response to the failings of the European Union (EU) legal framework for the posting of workers. This article uses an original case study of workers posted from Serbia via Hungary to Slovakia... more
The 2018 Amending Directive is the most recent response to the failings of the European Union (EU) legal framework for the posting of workers. This article uses an original case study of workers posted from Serbia via Hungary to Slovakia as a basis on which to assess the practical impact of this latest Directive. We recognize the capacity for EU Member States to do more to protect posted workers than was possible previously. However, we also note significant regulatory omissions relating, in particular, to the manufactured uncertainty of employment and immigration status, limited supply chain regulation and obstacles to trade union representation. We identify the need to address in greater detail the complex operations of transnational temporary work agencies involving third country nationals which can produce legal uncertainty and foster unfree labour relations.
Research Interests:
The International Labour Organisation (IW) has long been committed to the promotion of "freedom of association" as "one of the primary safeguards of peace and social justice". Since 1952, the ILO Committee on Freedom... more
The International Labour Organisation (IW) has long been committed to the promotion of "freedom of association" as "one of the primary safeguards of peace and social justice". Since 1952, the ILO Committee on Freedom of Association (CFA) has considered complaints relating to freedom of association and reviewed domestic legislation. In doing so, the CFA has attempted to establish a set of guidelines for state conduct, but this article suggests that the Committee's efforts have been hindered by contradictions inherent in the principle of "freedom of association".
Research Interests:
Research Interests:
The recent Decision of the Council recommending ratification of ILO Convention No. 189 fails to recognise the ways in which European Union (EU) law has facilitated cheap informal labour in the domestic sphere so as to enable participation... more
The recent Decision of the Council recommending ratification of ILO Convention No. 189 fails to recognise the ways in which European Union (EU) law has facilitated cheap informal labour in the domestic sphere so as to enable participation in the formal labour market. This article examines the approach taken by EU Member States to the drafting of Convention No. 189 and argues that, despite its resultant diluted content, this instrument requires certain fundamental changes to the current treatment of domestic workers in the EU. We further propose a reorientation of the ‘flexicurity’ principle to enable reform, such that contemporary modes of work can be reconsidered and transformed.
Research Interests:
Research Interests:
Research Interests:
‘Voice’ is a central organising concept in the discourse of labour law and Human Resource Management (HRM). There is, however, significant contestation within that discourse as to what is meant by voice: whose voice? For what purposes?... more
‘Voice’ is a central organising concept in the discourse of labour law and Human Resource Management (HRM). There is, however, significant contestation within that discourse as to what is meant by voice: whose voice? For what purposes? What kind of process? And how does it relate to private property and managerial prerogative? The purpose of this article is to develop a basic grammar of voice so that it acquires more precision as an analytical concept. It begins by examining the historical context to the emergence of ‘voice’ in labour law and industrial relations theory in the post-war period. It then examines contemporary problems and ambiguities in the use of voice as an organising concept: the role of voice in deliberative models of reflexive governance, and the risks and opportunities of deliberative democracy in the sphere of work; the role of voice in HRM discourse, and the significance of Hirschman’s work on ‘loyalty, exit and voice’ in understanding its role; as well as chal...
Research Interests:
This paper examines UK implementation of the Posted Workers Directive 96/71/EC (PWD), in the light of the jurisprudence of the European Court of Justice (ECJ) in what has come to be known as ‘the Laval quartet’: the cases of Viking,... more
This paper examines UK implementation of the Posted Workers Directive 96/71/EC (PWD), in the light of the jurisprudence of the European Court of Justice (ECJ) in what has come to be known as ‘the Laval quartet’: the cases of Viking, Laval, Rüffert and Luxembourg.The first part of this paper outlines briefly the position of the UK Government in the process leading up to adoption by the European Community (EC) of the PWD. The second part then examines the extent of initial implementation of the Directive in the UK. The third and final part of the paper highlights current issues confronting the UK following European Union (EU) enlargement and the cases recently decided by the ECJ.Prior to 1996, Conservative Governments sought to resist attempts to adopt a PWD. They were opposed to European measures which might inhibit the ability of UK employers to post workers to other EU Member States. The Labour Government which came to power in 1997 eventually purported to implement the PWD, but di...
Research Interests:
Research Interests:
Research Interests:
Research Interests:
The rhetoric of partnership appears to have played a central justificatory role in policy change and law reform during the past decade, especially in the field of industrial relations. We investigate in this paper its implications for... more
The rhetoric of partnership appears to have played a central justificatory role in policy change and law reform during the past decade, especially in the field of industrial relations. We investigate in this paper its implications for higher education. We do so in the context of the 2006 pay dispute with reference both to recent developments in the higher education sector and to the legal framework within which the dispute was conducted. We argue that despite the government’s suggestion that this was only a dispute between universities as employers and their employees, its particular version of partnership shaped the contours of the dispute and determined its outcome.
Research Interests:
A posted worker is a European Union (EU) worker who is sent from one EU Member State to another by an employer known as a ‘service provider’. These are workers who are said to return to ‘their country of origin after the completion of... more
A posted worker is a European Union (EU) worker who is sent from one EU Member State to another by an employer known as a ‘service provider’. These are workers who are said to return to ‘their country of origin after the completion of their work without at any time gaining access to the labour market of the host Member State’, and are in this way legally constructed as workers ‘without footprints’. We argue that the notion that posted workers do not ‘gain access’ to the labour market of a host State is problematic, especially ‘hard times’ of financial crisis or recession. Our concerns are threefold. First, the terms on which posted workers are hired are more lightly regulated than host State workers, being subject only to those minimum standards which a host State is allowed to set under EU law. Opportunities to engage in collective bargaining over their wages have been limited by EU law. This allows their employers to undercut existing established terms and conditions for host State workers, which in times of fierce competition for work, has led to both legitimate concerns relating to access to work for host State workers and the expression of xenophobia. Second, the lack of visibility of posted workers allows scope for poor treatment. As migrants from another State, posted workers are often isolated in terms of language, but the available evidence suggests instances where this can be compounded by forms of segregated housing and exposure to dangerous working conditions. The circumstances in which posted workers work lead to de facto deprivation of access to a home State union representative and to that of relevant host State unions. We argue that this capacity for breach of rights to freedom of association and access to justice is compounded by the current state of EU law regarding access to collective bargaining regarding terms of posted work. It is also complicated by an absence of norms at EU level which would assist in determining when a posting is truly temporary or should be regarded as a sham merely designed to evade full entitlements to non-discriminatory terms and conditions. Our contention is that there is, accordingly, a strong case for legal reform at the EU level. What is curious, however, is the perpetuation of the fiction that posted workers do not gain access to the labour market and the attempt to replicate it in other spheres. We are now witnessing international legal recognition of posting as a practice in the context of the General Agreement on Trade in Services (GATS). Further, there have been recent proposals that rights of third country nationals in respect of intra-corporate transfers and seasonal work be constructed in accordance with a ‘posted workers’ model. This extension of an already problematic regime merits further attention in the light of the various human rights concerns highlighted here.
Research Interests:
Research Interests:
This article explores the consequences of “collective begging”, that is the failure to provide meaningful legal protection and support for collective bargaining. The first part identifies the perils we are now facing, including increasing... more
This article explores the consequences of “collective begging”, that is the failure to provide meaningful legal protection and support for collective bargaining. The first part identifies the perils we are now facing, including increasing precarious work, growing economic inequality and diminished democratic engagement. The second part considers our journey here, namely how we took our (collective) eye off the ball and enabled “begging” rather than “bargaining”. Finally, the third part considers potential legal solutions, including expanding the coverage of those at work legally entitled to trade union representation, facilitating sectoral bargaining and enlarging the scope for lawful industrial action. There is a saying that, in the absence of effective collective bargaining including recourse to strike action, workers’ organisations engage merely in “collective begging”. The origins of this term have been traced back, by Eric Tucker, to 1921. It is now evident that there are certa...
Research Interests:
At a time when the European Court of Human Rights has recognised that both collective bargaining and the right to strike are intrinsic to freedom of association, the current UK legislative regime and case law make it very difficult for... more
At a time when the European Court of Human Rights has recognised that both collective bargaining and the right to strike are intrinsic to freedom of association, the current UK legislative regime and case law make it very difficult for trade unions to call lawful industrial action. This report sets out key features of UK labour legislation alongside the response of UK courts to transnational and supranational legal sources (Council of Europe, European Union and ILO). We acknowledge scope for cooperative judicial structures, which have not been realized in the UK context. Recent EU jurisprudence in the Viking and Laval cases has had significant impact in the UK, which has to be understood against the background of pre-existing barriers to lawful exercise of the right to strike. We identify three effects of recent EU legal developments: a chilling effect, a ripple effect and a disruptive effect. EU case law has a chilling effect due to the willingness of UK judges to issue interim injunctions which prevent industrial action where there is an arguable case that action is unlawful and the 'balance of convenience' lies in the employer's favour. This means that where there is any risk of illegality under EU law, such as where there is a cross-border dimension to the dispute or involvement of posted workers, the employer can threaten to seek injunctive relief, which seems likely to be granted without any hearing as to the merits of the dispute. Moreover, unions face potential unlimited liability in damages if a strike, otherwise lawful in the UK, is found to be unlawful because of a breach of 1 Lydia Hayes is a former Education Officer for UNITE THE UNION and a doctoral student at the University of Bristol; Tonia Novitz is Professor of Labour Law at the University of Bristol; Hannah Reed is Legal Advisor for the Trades Union Congress (TUC). 202 EU free movement provisions. The ripple effect arises insofar as Laval case law impedes unions' ability to bargain on behalf of migrant workers, since that jurisprudence indicates that industrial action seeking recognition in respect of posted workers is unlawful. The UK has no system to extend existing collective agreements to cover such workers. In addition, there is now uncertainty as to whether the full statutory employment rights which currently cover such workers will continue to do so. Further uncertainty arises in respect of disclosure requirements in cases involving industrial action. The final disruptive effect arises in the context of mounting evidence of systematic abuse of employment rights amongst foreign workers in the UK, including posted workers. Where trade unions cannot risk calling industrial action to protect the interests of migrant workers' or those of local workers who see their terms and conditions undercut, wildcat strike action may seem attractive. The reluctance of trade unions to engage in cross-border disputes, due to the threat of legal liability, makes it more difficult for them to address and to diffuse nationalistic sentiment. The result is disruption of what could otherwise be orderly, peaceful and productive industrial relations. Our conclusion is that the situation in the UK could be improved if a Social Progress Clause were incorporated into the EU treaties, so as to ensure proper consideration of social rights, the function of trade unions within a democratic society and of the purpose of collective bargaining.