David Cabrelli
Biographic Data
| ID | 2470769 |
|---|---|
| NAME | David Cabrelli |
| GIVEN NAMES | David |
| FAMILY NAME | Cabrelli |
| SIGNATURE | CABRELLI D |
| AFFILIATIONS | Durham University |
| ORCID | 0000-0001-7503-1926 |
| VERIFIED | Yes |
| TOTAL WORKS | 12 |
| TOTAL CITATIONS | 4 |
| WORKS AS AUTHOR | 11 |
| WORKS AS EDITOR | 1 |
| FIRST PUBLICATION YEAR | 2011 |
| LATEST PUBLICATION YEAR | 2020 |
| H-INDEX | 1 |
The capabilities approach
In recent years, there has been a tendency to view the subject of labour law and its goals through the prism of philosophy, and political philosophy in particular. A veritable ‘cottage industry’ has sprung up devoted to this task. In this paper, I analyze the arguments presented by various authors in a book recently published under the editorship of Professor Brian Langille on The Capability Approach to Labour Law, which makes an important contri…
Employment Law in Context
Employment Law in Context combines extracts from leading cases, articles, and books with commentary to provide a full critical understanding of employment law. As well as providing a grounding in individual labour law, this title offers detailed analysis of the social, economic, political, and historical context in which employment law operates, drawing attention to key and current areas of debate. An innovative running case study contextualizes …
Part-Time and Fixed-Term Work
This chapter examines the policies that have been adopted to strike a balance between the twin objectives of labour market flexibility and enhanced job quality in the context of the regulation of part-time work and fixed-term work. It discusses the benefits and drawbacks of part-time and fixed-term working: for workers the flexibility which accompanies such positions can enable them to secure working hours that are tailored around their domestic …
The Employment Relationship and the Contract of Employment
This chapter analyses the various tests adopted by the courts and tribunals to distinguish between the contract of employment and the contract for services. It considers the history of employment, moving from a master and servant arrangement to the emergence of the ‘mutual’ or ‘reciprocal’ contract of employment. It considers the statutory concept of continuous employment, whereby an individual may be required under statute to establish a period …
Alternative Personal Work Contracts and Relations
This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between th…
The Implied Terms of the Personal Employment Contract
This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section cov…
Introduction to Employment Law
This chapter provides an overview of the fundamental goals of this text. It introduces readers to the running case study feature which is used throughout the text to explain concepts and rules of employment law. It then discusses key issues and themes in employment law. It considers whether labour law has a valid claim to be treated as a self-contained discipline and what distinguishes it from other branches of the law. It explores the role of th…
Redundancy
This chapter examines the statutory regulation of redundancy, together with the extent to which a statutory redundancy payment offers sufficient compensation for the loss of the employee’s job, and the financial and emotional disruption caused by the need to search for other employment. It considers other protections available to the employee who is about to be, or has been, made redundant. It then assesses the evolution of the present statutory …
The Contract of Employment
The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment…
Convergence, Legal Origins, and Transplants in Comparative Corporate Law
In this Article, the authors intend to fill a gap in the comparative law literature by adopting a case-based approach to comparative corporate law that highlights the important dimension of specific cases in corporate law matters and how identifiable, but limited issues arising from such case disputes are resolved in different jurisdictions. Our study is based on ten cases used in a wider research project and their solutions in ten countries: eig…
The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment
If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the S upreme C ourt in Société Générale (London Branch) v Geys has finally resolved this question. By a…
Buckland v Bournemouth University Higher Education Corp
The decision of the Court of Appeal in Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121; [2010] ICR 908; [2010] IRLR 445 is one which has ramifications for the common law and statutory regulation of the contract of employment. However, its significance does not end there, since it offers wider insights into the relationship between common law and statute law, as well as the English and Scots law of contract generally
Convergence, Legal Origins, and Transplants in Comparative Corporate Law
In this Article, the authors intend to fill a gap in the comparative law literature by adopting a case-based approach to comparative corporate law that highlights the important dimension of specific cases in corporate law matters and how identifiable, but limited issues arising from such case disputes are resolved in different jurisdictions. Our study is based on ten cases used in a wider research project and their solutions in ten countries: eig…
Buckland v Bournemouth University Higher Education Corp
The decision of the Court of Appeal in Buckland v Bournemouth University Higher Education Corp [2010] EWCA Civ 121; [2010] ICR 908; [2010] IRLR 445 is one which has ramifications for the common law and statutory regulation of the contract of employment. However, its significance does not end there, since it offers wider insights into the relationship between common law and statute law, as well as the English and Scots law of contract generally
The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment
If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the former's breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the S upreme C ourt in Société Générale (London Branch) v Geys has finally resolved this question. By a…
Convergence, Legal Origins, and Transplants in Comparative Corporate Law
In this Article, the authors intend to fill a gap in the comparative law literature by adopting a case-based approach to comparative corporate law that highlights the important dimension of specific cases in corporate law matters and how identifiable, but limited issues arising from such case disputes are resolved in different jurisdictions. Our study is based on ten cases used in a wider research project and their solutions in ten countries: eig…
The Contract of Employment
The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment…
Employment Law in Context
Employment Law in Context combines extracts from leading cases, articles, and books with commentary to provide a full critical understanding of employment law. As well as providing a grounding in individual labour law, this title offers detailed analysis of the social, economic, political, and historical context in which employment law operates, drawing attention to key and current areas of debate. An innovative running case study contextualizes …
Part-Time and Fixed-Term Work
This chapter examines the policies that have been adopted to strike a balance between the twin objectives of labour market flexibility and enhanced job quality in the context of the regulation of part-time work and fixed-term work. It discusses the benefits and drawbacks of part-time and fixed-term working: for workers the flexibility which accompanies such positions can enable them to secure working hours that are tailored around their domestic …
The Employment Relationship and the Contract of Employment
This chapter analyses the various tests adopted by the courts and tribunals to distinguish between the contract of employment and the contract for services. It considers the history of employment, moving from a master and servant arrangement to the emergence of the ‘mutual’ or ‘reciprocal’ contract of employment. It considers the statutory concept of continuous employment, whereby an individual may be required under statute to establish a period …
Alternative Personal Work Contracts and Relations
This chapter first examines the two statutory constructs occupying an intermediate position between the employment contract and contract for services that have been formulated by the UK Parliament as a repository for the conferral of certain statutory employment rights. These two statutorily recognized personal work contracts—the ‘worker’ contract and the ‘contract personally to do work’—are intermediate contract types, lying somewhere between th…
The Implied Terms of the Personal Employment Contract
This chapter first discusses the role played by implied terms of the employment contract. It then turns to the implied terms which impose obligations on the employer. These include the duty to provide work, pay wages, exercise reasonable care for the physical and psychiatric well-being of the employee; the implied term of mutual trust and confidence; and the discretionary benefit implied term and anti-avoidance implied term. The final section cov…
Introduction to Employment Law
This chapter provides an overview of the fundamental goals of this text. It introduces readers to the running case study feature which is used throughout the text to explain concepts and rules of employment law. It then discusses key issues and themes in employment law. It considers whether labour law has a valid claim to be treated as a self-contained discipline and what distinguishes it from other branches of the law. It explores the role of th…
Redundancy
This chapter examines the statutory regulation of redundancy, together with the extent to which a statutory redundancy payment offers sufficient compensation for the loss of the employee’s job, and the financial and emotional disruption caused by the need to search for other employment. It considers other protections available to the employee who is about to be, or has been, made redundant. It then assesses the evolution of the present statutory …
The capabilities approach
In recent years, there has been a tendency to view the subject of labour law and its goals through the prism of philosophy, and political philosophy in particular. A veritable ‘cottage industry’ has sprung up devoted to this task. In this paper, I analyze the arguments presented by various authors in a book recently published under the editorship of Professor Brian Langille on The Capability Approach to Labour Law, which makes an important contri…
Law (10 works) · Political science (10 works) · Business (8 works) · Digital Economy and Work Transformation (8 works) · Economics (7 works) · Engineering (7 works) · Law and economics (7 works) · Labour law (6 works) · Work (physics) (6 works) · Labour economics (5 works)