Valuing caring relationships within UK labour law

[摘要] This thesis will consider UK labour law’s role in promoting fairness for carers. Building upon Fineman’s work, I will argue that caring relationships are of vital importance to society and should be supported by the state. The principle of justice as fairness, substantiated by the capabilities approach, will underpin this argument. I will focus upon modifying the workplace through care centric labour laws to achieve fairness for carers. Care centric legislation, developed by Busby, focuses upon promoting carers’ rights to work, rather than workers’ rights to care. Much of the analysis will focus upon reconciliation legislation, which aims to support people providing care within the paid workplace. This is because it has been the main way successive UK governments have aimed to help people reconcile these competing commitments. Although this body of legislation has gone some way towards achieving this, I will show that it could have done more. To make labour law care centric, something more radical is required. In this regard, I will analyse a right to care. To conclude, I will highlight the need for more empirical work in this context to further understand how fairness for all carers could be achieved.

[发布机构] University:University of Birmingham;Department:Birmingham Law School

[关键词] H Social Sciences;HD Industries. Land use. Labor