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Labour under the law: a new law of combination, and master and servant, in 21st‐century Britain?
Author(s) -
Smith Paul
Publication year - 2015
Publication title -
industrial relations journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.525
H-Index - 3
eISSN - 1468-2338
pISSN - 0019-8692
DOI - 10.1111/irj.12116
Subject(s) - prerogative , subordination (linguistics) , servant , industrial action , sanctions , law , labour law , industrial relations , control (management) , law and economics , sociology , political science , economics , business , management , politics , philosophy , linguistics , computer science , programming language
It is valuable to evaluate contemporary employment law on industrial action and trade unions, and employment protection, in relation to the 19th‐century law of combination, and master and servant. Such a historical comparison, despite differing language and legal sanctions, focuses attention on the goal of legal ‘reform’—the drive to control workers' collective organisations and enhance the managerial prerogative in order to consolidate employers' capacity to determine the terms of the contract of employment or for services, and the content of the pay–effort bargain, that is, the real subordination of labour. It is a form of class struggle from above.