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All Outputs (13)

The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language (2020)
Journal Article
Baker, A. (2021). The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language. Industrial Law Journal, 50(2), 226-263. https://doi.org/10.1093/indlaw/dwaa006

The ‘range of reasonable responses’ (RORR) test for assessing the fairness of a dismissal under section 98(4) ERA 1996 started life as a mistake and never recovered. Where the statute tells judges a dismissal is unfair if an employer acted ‘unreasona... Read More about The ‘Range of Reasonable Responses’ test: A Poor ‘Substitution’ for the Statutory Language.

Proportionality (2017)
Book Chapter
Baker, A. (2017). Proportionality. In H. Fenwick (Ed.), Supperstone, Goudie & Walker : judicial review. Sixth edition. (6th ed.). LexisNexis

Policing, Profiling and Discrimination Law: US and European Approaches Compared (2011)
Journal Article
Phillipson, G., & Baker, A. (2011). Policing, Profiling and Discrimination Law: US and European Approaches Compared. Journal of Global Ethics, 7(1), 105-124. https://doi.org/10.1080/17449626.2011.556142

Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ‘intelligence-led policing’ methods such as racial and religious profiling. Reliance on intelligenc... Read More about Policing, Profiling and Discrimination Law: US and European Approaches Compared.

Proportionality (2010)
Book Chapter
Baker, A. (2010). Proportionality. In H. Fenwick (Ed.), Supperstone, Goudie & Walker : judicial review (241-291). (4th ed.). LexisNexis

Smith and Wood's Employment Law (2010)
Book
Baker, A., & Smith, I. (2010). Smith and Wood's Employment Law. (10th). Oxford University Press

Deals with the key employment law issues in an excellent level of detail without overwhelming the reader Strikes a careful balance between clear and thorough explanation of what the law is without neglecting the controversies and debates influencing... Read More about Smith and Wood's Employment Law.

Proportionality and Employment Discrimination in the UK (2008)
Journal Article
Baker, A. (2008). Proportionality and Employment Discrimination in the UK. Industrial Law Journal, 37(4), 305-328. https://doi.org/10.1093/indlaw/dwn016

This paper argues that the justification defence in UK statutory indirect discrimination cases should incorporate proportionality as applied by the European Court of Human Rights (ECtHR). It first analyses the evolution of the UK approach to proporti... Read More about Proportionality and Employment Discrimination in the UK.

Proportional, Not Strict, Scrutiny: Against a U.S. Suspect Classifications Model under Article 14 ECHR in the U.K (2008)
Journal Article
Baker, A. (2008). Proportional, Not Strict, Scrutiny: Against a U.S. Suspect Classifications Model under Article 14 ECHR in the U.K. The American Journal of Comparative Law, 56(4), 847-894. https://doi.org/10.5131/ajcl.2007.0030

This article maintains that U.K. courts, in applying Article 14 of the European Convention on Human Rights (ECHR), should under no circumstances emulate the U.S. Equal Protection Clause (EPC) approach to justifying state discrimination, and that to d... Read More about Proportional, Not Strict, Scrutiny: Against a U.S. Suspect Classifications Model under Article 14 ECHR in the U.K.

Article 14 ECHR: a Protector, Not a Prosecutor (2007)
Book Chapter
Baker, A. (2007). Article 14 ECHR: a Protector, Not a Prosecutor. In H. Fenwick, G. Phillipson, & R. Masterman (Eds.), Judicial reasoning under the UK Human Rights Act (348-376). Cambridge University Press. https://doi.org/10.1017/cbo9780511493775.015

When the Human Rights Act 1998 (HRA) brought the protections of the European Convention on Human Rights (ECHR) into UK law, it entrusted the judiciary with a role with which it had little experience. The HRA asks judges to decide, among other things,... Read More about Article 14 ECHR: a Protector, Not a Prosecutor.

The Enjoyment of Rights and Freedoms: a New Conception of the 'Ambit' under Article 14 ECHR (2006)
Journal Article
Baker, A. (2006). The Enjoyment of Rights and Freedoms: a New Conception of the 'Ambit' under Article 14 ECHR. Modern Law Review, 69(5), 714-737. https://doi.org/10.1111/j.1468-2230.2006.00607.x

Article 14 of the European Convention on Human Rights, as applied by the UK judiciary under the Human Rights Act 1998, is in danger of becoming as 'parasitic' as it is often described. Judges have inappropriately narrowed the scope of the 'ambit' of... Read More about The Enjoyment of Rights and Freedoms: a New Conception of the 'Ambit' under Article 14 ECHR.

A Tale of Two Projects: Emerging Tension between the Public and Private Aspects of Employment Discrimination Law (2005)
Journal Article
Baker, A. (2005). A Tale of Two Projects: Emerging Tension between the Public and Private Aspects of Employment Discrimination Law. International Journal of Comparative Labour Law and Industrial Relations, 21(4), 591-627

Zeal for curing the public ill of discrimination can lead to approaches that ignore the more private concerns of individual victims of discrimination. This article explains that the forward-looking project of changing society to eliminate inequality... Read More about A Tale of Two Projects: Emerging Tension between the Public and Private Aspects of Employment Discrimination Law.

Access v Process in Employment Discrimination: Why ADR suits the US but not the UK (2002)
Journal Article
Baker, A. (2002). Access v Process in Employment Discrimination: Why ADR suits the US but not the UK. Industrial Law Journal, 31(2), 113-134. https://doi.org/10.1093/ilj/31.2.113

Comparison of UK and US legal systems for resolving discrimination claims, focusing on use of alternative dispute resolution techniques and how more formal approach and different attitude in US makes ADR more attractive option.