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Workers’ mobility and capital

Gordon Anderson (), Douglas Brodie () and Joellen Riley ()

Chapter 8 in Employment Law for a Brave New World, 2025, pp 128-143 from Edward Elgar Publishing

Abstract: This chapter discusses the extent to which a worker's intellectual capital, acquired through education and work experience, may be jeopardised by a range of factors, including restrictions on a worker's labour market mobility and the increasing range of professional and quasi-professional bodies with powers to licence and discipline many occupations. It discusses the increasing range of contractual attempts to limit labour market ability, including the ever-increasing range of restraint of trade clauses and new devices such as TRAP clauses and the growing regulatory challenges to such clauses because of their labour market impact. The chapter also looks at the range of regulatory bodies with powers to discipline workers in an increasingly wide range of occupations and in particular how these bodies increase the range of threats to a worker's security of employment. The chapter also discusses the increasing costs and restrictions on access to justice.

Keywords: Worker mobility; Labour markets; Restraint of trade; Professional regulation; Employee discipline; Access to justice (search for similar items in EconPapers)
Date: 2025
ISBN: 9781800379923
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