Tonia Novitz | University of Bristol (original) (raw)

Papers by Tonia Novitz

Cambridge University Press eBooks, Dec 12, 2019

Fulfilling the Sustainable Development Goals (SDGs), and more broadly, achieving sustainability, ... 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...

Law, Solidarity and the Limits of Social Europe, 2022

and a member of the Swedish editorial board for the Nordic journal Retfaerd. Her current research... more and a member of the Swedish editorial board for the Nordic journal Retfaerd. Her current research focuses on in-work poverty and her research interests centre on the role of regulatory systems in shaping the conditions for precarious workers. Previous work includes systems theoretical analysis of the European Social Dialogue and methodological issues in combining systems theory with research holding normative aspirations.

Arbetsmarknad & Arbetsliv

Covid-19 har aktualiserat hur samhället bedömer och reagerar på hälsorisker i arbetet. I Sverige ... 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.

Co-authors: Bridget Anderson, School of Sociology, Politics & International Studies, University o... 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

Journal of Human Trafficking, 2020

The protection of labor rights of temporary migrant workers in global supply chains requires furt... more The protection of labor rights of temporary migrant workers in global supply chains requires further theoretical and policy research. Through the case of Serbian workers in Slovak electronics supply chains, we look at how the transnational recruitment of labor via temporary work agencies (TWAs) for globally organized production generates heightened forms of exploitation and unfree labor relations. We show that such exploitation occurs in a regulatory framework consisting of various instruments ranging from the Palermo Protocol specific to trafficking, to EU law addressing the mobility of workers, and corporate codes of conduct aimed at guaranteeing worker rights within supply chains. Paradoxically, despite an overregulated field, existing instruments fail to offer a straightforward avenue for redress. We suggest that this failure is an outcome of the current legal and corporate regulatory matrix that allows market competition through work practices that violate basic labor standards and produce the conditions that enable and sustain unfree labor relations, while normalizing exploitation in supply chains.

Legal Perspectives on Sustainability, 2020

This preliminary chapter traces the development of the sustainability agenda at multiple decision... 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.

Industrial Law Journal, 2021

Commercial platforms were once lauded as a facet of the sustainable ‘sharing economy’. Today, the... 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...

International and European Protection of the Right to Strike, 2003

Research Handbook on Labour, Business and Human Rights Law, 2019

Freedom of association emerged initially as a right of 'citizens' in countries of the North. Grad... more Freedom of association emerged initially as a right of 'citizens' in countries of the North. Gradually, the compass of people able to claim this entitlement was extended from servants to women to migrant workers. The very inclusivity of the idea of an 'association' has, thereby, had profound implications for the parameters of acceptable behaviour of business and employers. The grander endeavour to promote international human rights, through United Nations (UN) institutions, as well as regional human rights instruments, has also had implications for our understanding of the coverage of freedom of association. The claim to universality of entitlement for every human being, going beyond a claim only for a citizen of a particular State, has the potential to promote wider access of workers of all kinds and nationalities to effective voice, whether through trade unions or other forms of protest, in emerging transnational labour markets. However, it would seem that the apparent imperatives of global capitalism led to a neutering of this entitlement under international law, resulting in a diminution of its efficacy and content, with corresponding effects in domestic labour markets. The international right to freedom of association has never, arguably, been as generous as the right of citizens to freedom of association in many European countries and, indeed, has arguably restricted trade union entitlements in those countries, as well as in the UK and US. It is suggested that, perhaps ironically, it is this destruction of meaningful freedom of association for workers in the North, and their consequent frustration at their disempowerment, that is allowing modern forms of discrimination and exclusion to flourish. Such developments are likely to have negative implications not only for certain types of worker, but also international legal legitimacy more generally. * An earlier version of this paper was delivered at a Socioeconomic Rights in History Workshop organised for a Leverhulme Trust International Network project on 'Arguments for and against Socioeconomic Rights, Past and Present' held at Harvard Law School in March 2017. I would like to thank participants and colleagues at Bristol for their comments; all omissions and errors remain my own.

British Yearbook of International Law, 2007

Industrial Law Journal

and-judicial-control.pdf and see R. Spano, 'The EFTA Court and Fundamental rights' [2017] Europea... more and-judicial-control.pdf and see R. Spano, 'The EFTA Court and Fundamental rights' [2017] European Constitutional L Rev 475. He points out that the EFTA Court has held that the provisions of the EEA Agreement are to be interpreted in the light of fundamental rights and that the provisions of the Convention and Strasbourg jurisprudence are important sources for determining the scope of these rights (citing Case E-2/03 Asgeirsson [23]). He also refers to the principle of homogeneity set out in Article 6 of the EEA Agreement which requires that that Agreement is to be interpreted in conformity with the relevant rulings of the Court of Justice of the European Union (CJEU) and Article 3(2) which requires that the EFTA Surveillance Authority and the EFTA Court shall pay due deference to the principles laid down by the relevant rulings of the CJEU. 4 M. Godwin and O. Heath, 'Brexit Vote Explained: Poverty, Low Skills and Lack of Opportunities' Joseph Rowntree Foundation (JRF), 31 August 2016, available at: https://www.jrf.org.uk/report/brexit-vote-explained-poverty-low-skills-and-lack-opportunities. 5 C. Dustmann and T. Frattini, 'The Fiscal Effects of Immigration to the UK' (2014) 124 The Economic Journal, F593-F643; confirming findings in C. Dustmann, T. Frattini and C. Halls, 'Assessing the Fiscal Costs and Benefits of A8 Migration to the UK' (2010) 31 Fiscal Studies 1.

International Journal of Comparative Labour Law and Industrial Relations

This article examines disputes regarding the connection between freedom of association and the ri... 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...

Industrial Law Journal, 2020

ERN: Labor Policy & Regulation (Topic), 2016

Since the financial crisis and the attempts made subsequently to alleviate sovereign debt, Europe... 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.

Victoria University of Wellington Law Review, 2019

In this article, we seek to examine the potential for cross-fertilisation of legal regimes relati... 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...

Cambridge University Press eBooks, Dec 12, 2019

Law, Solidarity and the Limits of Social Europe, 2022

Arbetsmarknad & Arbetsliv

Journal of Human Trafficking, 2020

Legal Perspectives on Sustainability, 2020

Industrial Law Journal, 2021

International and European Protection of the Right to Strike, 2003

Research Handbook on Labour, Business and Human Rights Law, 2019

British Yearbook of International Law, 2007

Industrial Law Journal

International Journal of Comparative Labour Law and Industrial Relations

Industrial Law Journal, 2020

ERN: Labor Policy & Regulation (Topic), 2016

Victoria University of Wellington Law Review, 2019

At a time when the European Court of Human Rights has recognised that both collective bargaining ... 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.