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Relational Dynamics: Organising Rights and Work Relationships

Dhorajiwala, Hitesh Harish; (2021) Relational Dynamics: Organising Rights and Work Relationships. Doctoral thesis (Ph.D), UCL (University College London).

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Hitesh Harish Dhorajiwala, Relational Dynamics - Organising Rights and Work Relationships (2020).pdf - Accepted version
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Abstract

This thesis analyses the manner in which labour rights are assigned to work relationships. The first half of the thesis is a doctrinal analysis of the work relationship statuses used in English law. The first chapter assesses the criteria that these statuses use, and the impact of using those criteria when they are applied to non-paradigm work relationship models. Subsequent chapters consider how, when these criteria are applied to atypical work relationships, the law struggles to properly analyse these relationships by virtue of the way they are structured. This analysis is done with a particular focus on tripartite work relationships, zero-hours work relationships, and the synthesis of these structures found in the gig economy. The second half of the thesis shifts to a normative proposal for a new model of assigning labour rights to work relationships. This begins by setting out the theoretical foundations of the new proposed model, which is based upon a version of the capabilities theory. Once this has been done, the theory of Relational Dynamics is outlined, including how this model relies upon the purposive interpretation of regulations to operate effectively. Following this, the practical aspects of implementing the Relational Dynamics model (including the use of legal presumptions, and the need for a tripartite structure to engage in the purposive interpretation of regulations) is set out, to demonstrate how the model can be practically implemented.

Type: Thesis (Doctoral)
Qualification: Ph.D
Title: Relational Dynamics: Organising Rights and Work Relationships
Event: UCL (University College London)
Language: English
Additional information: Copyright © The Author 2021. Original content in this thesis is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International (CC BY-NC 4.0) Licence (https://creativecommons.org/licenses/by-nc/4.0/). Any third-party copyright material present remains the property of its respective owner(s) and is licensed under its existing terms. Access may initially be restricted at the author’s request.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10124147
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