Chapter

Conclusions: Solving the Unpaid Care/Paid Work Conflict

Nicole Busby

in A Right to Care?

Published in print April 2011 | ISBN: 9780199579020
Published online May 2011 | e-ISBN: 9780191725296 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579020.003.0007

Series: Oxford Monographs on Labour Law

Conclusions: Solving the Unpaid Care/Paid Work Conflict

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The book concludes that there is scope for developing a legislative right to care in European employment law. This is because, although the right is already authorised by a range of constitutional, legislative and policy instruments, its realisation depends on the necessary interpretation by the Court of Justice placing it in a vulnerable position. A consideration of possible regulatory models reveals that the UK's disability discrimination legislation and Australian state law provide models of good practice in certain respects, notably in offering examples of how ‘carer’ status might be used as the basis for reasonable adjustment of workplace practices and procedures and specific protection against discrimination. However, it is acknowledged that legislative activity at the EU-level would only comprise a starting point in the quest to reconcile unpaid care and paid employment with the capabilities approach suggested as a suitable framework within which future development might be evaluated.

Keywords: reasonable adjustment; employment law; regulatory model; capabilities approach; workplace practices; paid employment

Chapter.  6337 words. 

Subjects: Employment and Labour Law

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