Eleanor Kirk
Biographic Data
| ID | 3673550 |
|---|---|
| NAME | Eleanor Kirk |
| GIVEN NAMES | Eleanor |
| FAMILY NAME | Kirk |
| SIGNATURE | KIRK E |
| AFFILIATIONS | University of Glasgow |
| ORCID | 0000-0002-6281-9850 |
| VERIFIED | Yes |
| TOTAL WORKS | 7 |
| TOTAL CITATIONS | 9 |
| AUTHOR COUNT | 7 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2018 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 2 |
Trade union legal mobilization and consciousness
Patricia Ewick and Susan Silbey's recent auto‐critique invited legal consciousness scholars to develop their analyses of legal hegemony in the context of collective sites of legality construction and the contestation of the hegemony of state law. Trade unions provide a particularly apposite group and institutional site to study such processes. From a Marxist perspective, recent labour law scholarship has argued that union engagement with law repr…
Legal Change and Legal Mobilisation
This article addresses the question of what strategic litigation means for workers and trade unions. Drawing on the existing literature and on a series of semi-structured interviews with union officials, lawyers with experience in representing them and other actors from across the labour movement, it explores how U.K. trade unions and actors within them understand and experience strategic litigation and legal mobilisation, what they seek to achie…
The snakes and ladders of legal participation
This article reviews the right to a fair trial under Article 6 of the European Convention on Human Rights for litigants in person (LIPs). LIPs operate in a system that was not designed for them and so challenge the norm of fully represented parties that the system has evolved to expect, creating potential risks for their Article 6 rights. The jurisprudence on Article 6 reveals the centrality of effective participation as a requirement for fulfill…
Scotland’s Progressive Rhetoric
The Scotland Act 2016 devolved powers over eleven social security benefits (including Carer’s Allowance) providing Scotland with some, albeit limited, opportunity to differentiate itself in terms of welfare policy progressivity. The Carers (Scotland) Act 2016 set out the strategy for supporting those who limit their employment or educational enrolment due to the responsibility of caring for an adult or child with a health condition. Using a micro…
Contesting 'bogus self-employment' via legal mobilisation
The rise of the 'gig' economy has placed a spotlight on employment status, leading to challenges over the nature of working relationships and attendant rights from increasingly diverse groups. The predominant image of the struggle against 'bogus self-employment' features the mostly young, male riders and drivers engaged in platform work. This article examines the distinctive campaign of foster carers to be recognised as workers, focusing upon the…
Striking out in a new direction? Strikes and the displacement thesis
Strike activity in Britain continues at its historically low ebb. The level of strikes is likely to remain low or even fall further as a result of the introduction of the Tory Trade Union Act 2016 on 1 March 2017. This raises the issue of whether other means of the expression and resolution of workplace grievances are being used instead when strike action is not or cannot be used. An examination of the available data on the frequency of these oth…
The 'Problem' with the Employment Tribunal System
Successive reforms of the Employment Tribunal System, based upon the interlinked assumptions that there are too many claims and that it is too easy for people with nothing to lose to lodge deliberately vexatious claims in the hope of a large payout, have made it progressively more difficult to bring claims against employers. This article challenges these persistent, though unsubstantiated assumptions, used to justify weakening employment rights e…
Contesting 'bogus self-employment' via legal mobilisation
The rise of the 'gig' economy has placed a spotlight on employment status, leading to challenges over the nature of working relationships and attendant rights from increasingly diverse groups. The predominant image of the struggle against 'bogus self-employment' features the mostly young, male riders and drivers engaged in platform work. This article examines the distinctive campaign of foster carers to be recognised as workers, focusing upon the…
Striking out in a new direction? Strikes and the displacement thesis
Strike activity in Britain continues at its historically low ebb. The level of strikes is likely to remain low or even fall further as a result of the introduction of the Tory Trade Union Act 2016 on 1 March 2017. This raises the issue of whether other means of the expression and resolution of workplace grievances are being used instead when strike action is not or cannot be used. An examination of the available data on the frequency of these oth…
The 'Problem' with the Employment Tribunal System
Successive reforms of the Employment Tribunal System, based upon the interlinked assumptions that there are too many claims and that it is too easy for people with nothing to lose to lodge deliberately vexatious claims in the hope of a large payout, have made it progressively more difficult to bring claims against employers. This article challenges these persistent, though unsubstantiated assumptions, used to justify weakening employment rights e…
Scotland’s Progressive Rhetoric
The Scotland Act 2016 devolved powers over eleven social security benefits (including Carer’s Allowance) providing Scotland with some, albeit limited, opportunity to differentiate itself in terms of welfare policy progressivity. The Carers (Scotland) Act 2016 set out the strategy for supporting those who limit their employment or educational enrolment due to the responsibility of caring for an adult or child with a health condition. Using a micro…
Striking out in a new direction? Strikes and the displacement thesis
Strike activity in Britain continues at its historically low ebb. The level of strikes is likely to remain low or even fall further as a result of the introduction of the Tory Trade Union Act 2016 on 1 March 2017. This raises the issue of whether other means of the expression and resolution of workplace grievances are being used instead when strike action is not or cannot be used. An examination of the available data on the frequency of these oth…
The 'Problem' with the Employment Tribunal System
Successive reforms of the Employment Tribunal System, based upon the interlinked assumptions that there are too many claims and that it is too easy for people with nothing to lose to lodge deliberately vexatious claims in the hope of a large payout, have made it progressively more difficult to bring claims against employers. This article challenges these persistent, though unsubstantiated assumptions, used to justify weakening employment rights e…
Scotland’s Progressive Rhetoric
The Scotland Act 2016 devolved powers over eleven social security benefits (including Carer’s Allowance) providing Scotland with some, albeit limited, opportunity to differentiate itself in terms of welfare policy progressivity. The Carers (Scotland) Act 2016 set out the strategy for supporting those who limit their employment or educational enrolment due to the responsibility of caring for an adult or child with a health condition. Using a micro…
Contesting 'bogus self-employment' via legal mobilisation
The rise of the 'gig' economy has placed a spotlight on employment status, leading to challenges over the nature of working relationships and attendant rights from increasingly diverse groups. The predominant image of the struggle against 'bogus self-employment' features the mostly young, male riders and drivers engaged in platform work. This article examines the distinctive campaign of foster carers to be recognised as workers, focusing upon the…
The snakes and ladders of legal participation
This article reviews the right to a fair trial under Article 6 of the European Convention on Human Rights for litigants in person (LIPs). LIPs operate in a system that was not designed for them and so challenge the norm of fully represented parties that the system has evolved to expect, creating potential risks for their Article 6 rights. The jurisprudence on Article 6 reveals the centrality of effective participation as a requirement for fulfill…
Legal Change and Legal Mobilisation
This article addresses the question of what strategic litigation means for workers and trade unions. Drawing on the existing literature and on a series of semi-structured interviews with union officials, lawyers with experience in representing them and other actors from across the labour movement, it explores how U.K. trade unions and actors within them understand and experience strategic litigation and legal mobilisation, what they seek to achie…
Trade union legal mobilization and consciousness
Patricia Ewick and Susan Silbey's recent auto‐critique invited legal consciousness scholars to develop their analyses of legal hegemony in the context of collective sites of legality construction and the contestation of the hegemony of state law. Trade unions provide a particularly apposite group and institutional site to study such processes. From a Marxist perspective, recent labour law scholarship has argued that union engagement with law repr…
Political science (7 works) · Law (6 works) · Labor Movements and Unions (5 works) · Law (5 works) · Sociology (5 works) · Employment and Welfare Studies (4 works) · Business (3 works) · Economics (3 works) · Law and economics (3 works) · Political economy (3 works)