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By Susan Corby, Pete Burgess (auth.)

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Extra info for Adjudicating Employment Rights: A Cross-National Approach

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As Deakin et al. (2007: 142) noted in their critique of the LOH, without some element of time it is impossible to comment on the speed and nature of legal change. The introduction of a time element also allows some exploration of the associations between change and stability in labour courts and wider changes in business systems, in particular when considering some of the apparent national anomalies that arise from the use of the typologies. 3 provide further detail, as do the following country chapters.

They are particularly used in small firms, and in relation to older employees. Levels of severance pay in such cases are generally higher than in straightforward dismissals (DARES, 2013). However, some unions – notably the CGT – are sceptical about any approach that weakens the strict application of the law or that includes scope for negotiation over employment status, which they regard as rooted in employers’ ‘allergy’ towards judicial intervention and a predilection to override the protective aspects of the law (CGT, 2010).

If functional equivalence were discarded entirely, it would be hard to retain the idea of institutional complementarity that is central to the VoC approach. Since collective institutions tend to support the presence of employer/ employee NLMs on adjudicative bodies, and often nominate and train them, NLMs also tend to ‘cluster’ in courts in CMEs. : 12). It is, therefore, possible to support the notion of ‘functional equivalence’ without advocating a set of ‘universal’ social needs, but only if the equivalences are confined to the main country groupings.

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