Barry Hough

Employment policies: a lesson from America

The purpose of this article is to examine the controversy surrounding the means by which promises become binding in employment law. The dilemma is exposed in the decisions of the courts in Taylor v Secretary of State for Scotland. The industrial tribunal and the Employment Appeal Tribunal were prepared to accept that entitlements could be created unilaterally: “ the evidence was that…..changes and additions to prison officers’ contracts were notified by circulars …” In the House of Lords, adherence to the orthodox contractual model was so strong that their lordships felt that, in accepting the contractual status of the equal opportunities policy, they were obliged to invent a finding of fact that the notification was subsequent to a negotiated variation. The absence of evidence of this assumed prior negotiation leaves exposed the de facto acknowledgment of unilateral creation of contractual entitlements. Such a development poses questions about the jurisprudential nature of promises in employment law and the rationale for their enforcement.

The ‘wicked machinery’ of government: Malta and the problems of continuity under the new model of colonial administration

This is a study focused on the early years of British rule in Malta (1800–13). It explores the application to the island of the ‘new model’ of colonial government, one based on direct rule from London mediated by the continuation of existing laws and institutions. Systemic deficiencies are identified. These tended to undermine the effectiveness of direct British rule. This study also reveals, in the context of legal and constitutional continuity, unresolved tensions between modernity and tradition. The political stability of the island was damaged and the possibility of continued British possession was threatened.

Some problems in realising 'Partnership' in industrial relations: some legal obstacles

THE UK Government’s policy on economic and social renewal, the ultimate goal of which is to improve living standards for all, emphasises the importance of adopting a partnership model of industrial relations.1 Government perceives this model of employment relations as essential to achieving continued competitiveness in a globalised economy, especially where productivity, however measured, does not match that of other major industrialised countries.2 Narrowing the gap in competitiveness is thought to require businesses and individuals to acquire new skills and knowledge essential to provide higher value-added goods and services.3 Although there are divergent conceptions of precisely what partnership might entail, at its broadest level it would seem to require a cultural change that encourages greater mutuality and respect for employees. This is offered in exchange for enhanced motivation, “flexibility” and innovation on the part of employees. Partnership might thus address the manner in which employees are treated, their opportunity to contribute to the workplace, and their commitment to the success of the enterprise. Within European Employment Strategy, the greatest prominence appears to be given to the campaign for full employment. However, the true position is more complex because, in annual Recommendations addressed to member states as “employment guidelines”, the Council of the European Union insists that there should be