• Gan's Journey from Thailand

      Holiday, Yewa; Gan; University of Chester (Routledge, 2018)
      Gan’s situation is assessed in relation to the 1975 and 1990 ILO Migrant Workers Conventions (MWC). Article 12(g) of the 1975 MWC provides for equal treatment in working conditions for migrants. Article 25(a) of the 1990 MWC provides for equality of treatment in relation to health and article 28 requires access to medical care and safety in working conditions. Gan provides a personal insight into his experience as an international labour migrant in Saudi Arabia and the UK. Gan had a work accident on a construction site which eventually prevented him from working and thus stopped him from sending remittances to his family. Gan’s migrant premium is represented by the burden of ill health, the cost of a private operation in Thailand and its inability to correct his longstanding pain, the initial ignorance of UK doctors of the severity of his health needs, total loss of income and savings and reducing remittances to his family in Thailand. The chapter takes the form of an interview with Gan who generously shares his experiences of his migrant premium. Gan does all he can to fight against his migrant premium by trying to find a way to work despite the pain. However, the migrant premium prevents him from working, something which was – and continues to be - a strong part of his identity. The chapter suggests that one of the policy propositions for the Global Compact should be an understanding of the long term consequences and impact of discriminatory working conditions for the health of international labour migrants.
    • The Criminalisation of Irregular Migrants

      Mitsilegas, Valsamis; Holiday, Yewa; Queen Mary University of London; University of Chester (Routledge, 2018)
      The criminalisation of irregular migrants – in relation to irregular entry, residence, and work – is considered against the 1975 and 1990 ILO Migrant Workers Conventions (MWC); the International Covenant on Civil and Political Rights 1966 (ICCPR); the International Covenant on Economic, Social and Cultural Rights 1966 (ICESCR); the UN Sustainable Development Goals (SDG); and the Convention against Transnational Organized Crime 2000, including its Protocols to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (‘the Trafficking Protocol’) and against the Smuggling of Migrants by Land, Sea and Air (‘the Smuggling Protocol’). The creation of laws, which are generally applied only to foreigners – concerning irregular entry, residence, and work – increases costs and exposure to adverse labour conditions and social vulnerabilities, and also impedes access to justice. The possibilities of criminal conviction, resulting in fines, imprisonment and expulsion contribute to a precarious class of low-skilled migrant. The chapter argues that the criminalisation of migration exacerbates the migrant premium because it decreases income while increasing dependency on employers, smugglers and traffickers and complicates access to human rights protection. The chapter suggests that one of the policy propositions for the Global Compact should be an understanding of how the emphasis internationally, regionally and nationally on smuggling and trafficking and border control has resulted in the criminalisation of irregular migrants – both potential and actual - for the ways in which they enter, leave, reside and work in a country; and that migrants need to be able to manage their working needs in a flexible manner.
    • Regulation of Multinational Corporations in the Oil and Gas Industry in Nigeria: Civil Society as Behaviour Modification Agents

      Ekhator Eghosa Osa; University of Chester (University of Benin, 2018)
      This article focuses on the roles of Civil Society Organisations (CSOs) in the regulation of oil Multinational Corporations (MNCs) in Nigeria. Arguably, the void created in the oil and gas sector in Nigeria by the non-performance of government regulatory bodies and the non-implementation of existing legal enactments is gradually being filled by CSOs. CSOs in Nigeria have proved by their antecedents that they have major roles to play. Thus, CSOs have engaged in information gathering, standard setting and behavior modification activities. However, this paper focuses on behavior modification activities of CSOs in the oil and gas industry in Nigeria. This article contends that the regulatory activities of CSOs in Nigeria have led to a somewhat ‘decentred regulatory approach’ in the oil and gas industry in Nigeria. In decentred regulation, the state is one of many actors in the regulatory regime or process. Thus, the interactions inherent in decentred regulation are said to strengthen the regulatory process. Arguably, CSOs in Nigeria have engaged in the regulatory process in the oil and gas industry, thereby impacting positively on the regulatory paradigm. The interactions of the CSOS in the oil and gas industry are at the core of this paper.
    • Regulating the activities of Multinational Corporations in Nigeria: A Case for the African Union?

      Ekhator, Eghosa O.; University of Chester (Brill Academic Publishers, 2018)
      Due to the ineffectiveness of the extant regulatory framework (not limited to home country, host country and international law) governing the activities of multinational corporations (MNCs), new regulatory paradigms have been advocated by scholars. Arguably, the African Union (AU) (and its mechanisms) can be the basis of MNC regulation in Africa. However, regulation of the activities of MNCs operating in Africa appears not to be among the major or pressing priorities of the African Union (AU) and its institutions. There is no normative and institutional framework at the AU level regulating the activities of MNCs in Africa. There are, however, moves to design measures to redress this anomaly. This article will focus on the development of recent strategies by the AU and its institutions to “regulate” the activities of MNCs in Africa and its implications in Nigeria.
    • Hacking through the Gordian Knot: can facilitating operational mentoring untangle the gender research productivity puzzle in higher education?

      Davies, Chantal; Healey, Ruth L.; University of Chester (Taylor & Francis, 2017-05-30)
      In spite of a number of drivers for change in the pursuit of gender equality in higher education in the UK and beyond, the gender gap in research activity is still widely recognised across most subject disciplines. Over recent years, mentoring strategies have often been seen as the Alexandrian sword capable of cutting the gender deficit ‘Gordian Knot’. However, analysis of current practice and dialogue points to a lack of a consistent approach in addressing and implementing HE policy in this area with many initiatives providing standardised non-evidence-based provision aimed at addressing an alleged confidence deficit and exhausting an already fatigued group of successful senior women. This paper seeks to triangulate existing literature with an analysis of data collected from a funded UK-based research project ultimately proposing a five-step institutional mentoring approach aimed at providing some inroads into alleviating the gender deficit in research productivity in the academy.
    • Gendered Perspectives of Research Activity Symposium Report 2016

      Davies, Chantal; Healey, Ruth L.; Manfredi, Simonetta; Vickers, Lucy; University of Chester; Oxford Brookes University (University of Chester, 2016-10-20)
      On the 15th-16th June 2016, The Forum for Research into Equality and Diversity (University of Chester), in partnership with the Centre for Diversity Policy Research and Practice (Oxford Brookes University), hosted the Gendered perspectives of research activity Symposium at the University of Chester, Chester, UK. The Symposium brought 30 representatives and researchers from across Higher Education in the UK, Europe and beyond together with sector bodies and policy drivers in order to workshop the gendered barriers and obstacles to research activity in Higher Education. This report provides a summary of the discussions and findings, as well as the key ideas, themes, questions, challenges and conclusions that came out of the two-day discussion. A further goal of the report is to seek to articulate the participants’ deliberations and considerations in order to contribute to the development of an effective strategy in the UK and beyond seeking to break down gendered barriers in relation to research activity.
    • Directors' statutory general duties

      Steel, Wendy; University Of Chester (Westlaw, 2016-07-05)
      An article providing a detailed overview of the statutory duties owed by director to their company according to Companies Act 2006
    • Bridging the gap: an exploration of the use and impact of positive action in the UK

      Davies, Chantal; Robison, Muriel; University of Chester (Sage, 2016-06-27)
      Despite laws in Britain permitting limited positive action initiatives to combat disadvantage faced by minority groups in employment since the mid-1970s, the subject has notoriously been a neglected and highly controversial area in the UK. Notwithstanding the potential provided by sections 158 and 159 of the Equality Act 2010, it still appears that organisations prefer to steer clear of this opportunity to address disadvantage suffered by protected groups. Whilst there is a body of work considering the theoretical importance of positive action in the UK, there is a lack of empirical exploration of the practical implications of these provisions. This paper will provide a brief overview of the theoretical context and current positive action legislative provisions within the UK. In light of this context, the early findings of a small-scale qualitative study carried out by the authors will be discussed looking at the experiences of a purposive sample of public and private employers in relation to the positive action provisions of the Equality Act 2010. Early research findings suggest that whilst there was a clear willingness and openness by employers to use of outreach measures in order to redress disadvantage, there was evident wariness regarding a move towards preferential treatment as expounded by section 159. Whilst respondents appeared to appreciate the business case for and utility of the positive action measures under section 158, there was far less enthusiasm for more direct preferential treatment, with many respondents raising serious concerns regarding this. These concerns often reflected a highly sensitive risk-based approach towards any action that could expose their organisation to the possibility of “reverse discrimination”.
    • The Equality Act 2010: Five years on

      Davies, Chantal; Ferreira, Nuno; Morris, Debra; Morris, Anne; University of Chester; Sussex University; University of Liverpool (SAGE, 2016-06-22)
      Editorial for a double edition of the International Journal of Discrimination and the Law based on a conference hosted by the University of Chester in collaboration with the University of Liverpool on the Equality Act 2010.
    • Company Incorporation

      Steel, Wendy; University of Chester (Insight Westlaw, 2016-01-13)
      An overview of company law as it applies to incorporation of the company and the importance of separate corporate personality & the maintenance of the corporate veil.
    • Crossing the rubicon: an exploration of the use of positive action provisions in Higher Education Institutions in the UK

      Davies, Chantal; Robison, Muriel; University of Chester (2016-01)
      Crossing the rubicon: an exploration of the use of positive action provisions in Higher Education Institutions in the UK
    • PUBLIC REGULATION OF THE OIL AND GAS INDUSTRY IN NIGERIA: AN EVALUATION

      Ekhator, Eghosa O.; University of Chester (Golden Gate University Faculty of Law, 2016)
      Nigeria operates a command and control regulatory framework in the oil and gas sector. This type of regulation was prevalent in the United States and Britain during the 1970s and 1980s. Under this regulatory framework, regulators are deemed to be acting in the public interest. This article focuses on the extant public regulatory regime in the oil and gas sector in Nigeria. Generally, factors, such as red-tape, over-regulation and regulatory capture, amongst others, are some reasons militating against a command and control regulatory regime. This article will contend that unless there is a paradigmatic shift in the state-oriented or public regulatory framework in the oil and gas sector in Nigeria, the fundamental ills or malaise afflicting the industry will not abate.
    • Overcoming the (non)justiciable Conundrum: The Doctrine of Harmonious Construction and the Interpretation of the Right to a Healthy Environment in Nigeria

      Ako, Rhuks; Stewart, Ngozi; Ekhator, Eghosa O.; University of Hull; University of Benin; University of Chester (Springer, 2015-12-13)
      The legal framework regulating socio-economic rights in Nigeria is ambiguous. These rights, listed under Section II of the constitution titled Fundamental Objectives and Directive Principles, are non-justiciable by virtue of section 6(6)(c) of the constitution. However, Nigeria as a dualist state has adopted (ratified and domesticated) the African Charter on Human and People’s Rights (African Charter) in accordance with relevant constitutional provisions. Therefore, the provisions of the African Charter are (arguably) part and parcel of Nigeria’s laws, thus ‘justiciable’. This paper aims to critically examine the status of the socio-economic rights in Nigeria, specifically the right to a healthy environment. With extant literature arguing either for or against the existence of the right to a healthy environment in Nigeria this paper adopts a holistic approach by critically considering both sides of the argument. Premised on the doctrine of harmonious construction, the paper aims suggest a means to end the debate that currently the surrounds the existence and (non)justiciable nature of the ‘right’ to a healthy environment in Nigeria.
    • Scaling the mountain: an exploration of gendered experience of academic staff in relation to the Research Excellence Framework 2014

      Davies, Chantal; Healey, Ruth L.; Cliffe, Anthony D.; University of Chester (2015-12)
      This paper will explore the experiences of female academics within the research institution in relation to the recent Research Excellence Framework in 2014 (REF 2014). Pursuant to the Equality Act 2010, there is now a legal duty (the Public Sector Equality Duty or PSED) for public bodies and therefore Higher Education Institutions (HEI) to have ‘due regard’ to the need to eliminate unlawful discrimination; advance equality of opportunity; and foster good relations between people who share a protected characteristic and people who do not share it (Equality and Human Rights Commission, 2015). It is considered that the PSED thus requires individual institutions to consider and explore the experience of female academics with a view to generating qualitative data about the experience of this group in relation to the REF 2014. This paper will explore some of the early findings of an institutionally funded research project in relation to the gendered experience of academic staff in the research institution in relation to the REF 2014 process and provide the opportunity for local perspectives in this regard to feed into lessons learnt at a national and global level.
    • Convention compatible construction: Section 3 of the Human Rights Act 1998

      Davies, Chantal; University of Chester (Thomson Reuters, 2015-11)
      Section 3 Human Rights Act 1998 and convention compliant interpretation
    • The Right to Healthcare: A Critical Examination of the Human Right of Irregular Migrants to Access State-Funded HIV/AIDS Treatment in the UK

      Hand, David; Davies, Chantal; Healey, Ruth L.; University of Chester (Springer, 2015-11)
      The United Kingdom’s National Health Service (‘NHS’) emerged in the post-war era as part of a joint European effort to consolidate key social rights such as the right to health. To this end, the NHS pledged to provide a ‘comprehensive health service’ imparting health services free of charge at the point of delivery. It is true that, for the most part, the NHS has fulfilled its intended role and has offered its valuable services free of charge irrespective of the patient’s background. On the other hand legislation has always permitted ‘the making and recovery of charges [for health services]’ where ‘expressly provided for’ in the Act in question. Irregular migrants are ‘foreign nationals who do not comply with immigration law requirements.’ They carry the more familiar label of ‘illegal immigrants’ in everyday parlance. That term is avoided here partly because of its (largely erroneous) associations with criminality, but primarily because of the stigmatising and dehumanising effects that such epithets bear on the individual concerned. For these reasons the more neutral term ‘irregular migrant’ is preferred by some authors and is used throughout this chapter. Irregular migrants include clandestine entrants into the country, those in possession of falsified travel documents such as passports, those who have overstayed their visas or who are in employment contrary to their conditions of residence, and refused asylum seekers.
    • Positive Action under the Equality Act 2010 and the implications of the Public Sector Equality Duty for positive action in the UK

      Davies, Chantal; University of Chester (W. Green, 2015-08)
      Positive Action under the Equality Act 2010 and the implications of the Public Sector Equality Duty for positive action in the UK
    • The Impact of the African Charter on Human and Peoples’ Rights on Domestic Law: A Case study of Nigeria

      Ekhator, Eghosa O.; University of Chester (Taylor & Francis, 2015-06-09)
      The African Charter on Human and Peoples’ Rights (African Charter) establishes a system or mechanism for the promotion and protection of human rights in Africa within the framework of the African Union (formerly known as the Organisation of African Unity). The African Charter promotes a range of human rights such as civil and political, socio-economic and cultural, individual and collective rights. The African Charter is the first regional mechanism to incorporate the different classes of human rights in a single document. There have been a plethora of academic postulations indicating that the African Charter has impacted Nigerian Law minimally. This article contends that the African Charter has impacted positively on Nigerian law notwithstanding the academic postulations to the contrary.
    • Shifting the starting blocks: an exploration of the impact of positive action in the UK

      Davies, Chantal; Robison, Muriel; University of Chester (Equality and Diversity Forum, 2015-06)
      Despite laws in Britain permitting limited positive action initiatives to combat disadvantage faced by minority groups in employment since the mid-1970s, the subject has notoriously been a neglected and highly controversial area in the UK. In 2010, the existing positive action provisions for the individual protected characteristics were to some extent transposed into the Equality Act 2010 (section 158 Equality Act 2010). Whilst the previous legislation had been based on an accepted ‘equality of opportunity’ approach, the new section 158 could be seen as a broadening out of positive action moving towards an ‘equality of results’ paradigm (Burrows & Robison, 2006). More recently, with the implementation of section 159 of the Equality Act 2010 in 2011, positive action in the UK has moved into new territory permitting organisations to utilise preferential treatment (using McCrudden’s taxonomy of positive action) in the form of ‘tie-break’ provision. Section 159 introduced a specific exemption for positive action in relation to recruitment and promotion. Where a particular protected group are at a disadvantage or are under-represented and there are two candidates ‘as qualified as’ each other, the employer is permitted to take a protected characteristic into consideration. Although sections 158 and 159 are voluntary provisions, it may be that the Public Sector Equality Duty could arguably require public bodies at least to have due regard to positive action initiatives pursuant to the section 149 obligation. Notwithstanding the potential provided by sections 158 and 159 of the Equality Act 2010, it still appears that organizations prefer to steer clear of this opportunity to address disadvantage suffered by protected groups. Nevertheless, the recent announcement of the Judicial Appointments Commission regarding their intention to use the ‘equal merit provision’ in recruitment exercises from 1 July 2014 in order to seek to ensure diversity within the judiciary is notable (Judicial Appointments Commission, 2014; Malleson, 2009). Equally, work carried out for ASLEF (Robison, 2012) has indicated that unions in male dominated sectors are seeking to encourage employers to engage with positive action initiatives. Whilst there is a body of work considering the theoretical importance of positive action in the UK (see inter alia Barmes, 2011; Burrows & Robison, 2006; Johns et al, 2014; McCrudden 1986; Noon, 2010), there is a lack of empirical exploration of the practical implications of these provisions. Qualitative study to determine the utility of the positive action provisions is considered both timely and necessary as we approach the fifth anniversary of the Equality Act 2010. This paper will explore the theoretical context of the current positive action provisions within England, Scotland and Wales. It will also discuss the early findings of a small-scale qualitative study carried out by the authors looking at the experiences of a purposive sample of public and private organisations in light of the potential for positive action in relation to employment in the UK.
    • Bridging the gap – an exploration of the use of positive action

      Davies, Chantal; Robison, Muriel; University of Chester (2015-06)
      Despite laws in Britain permitting limited positive action initiatives to combat disadvantage faced by minority groups in employment since the mid-1970s, the subject has notoriously been a neglected and highly controversial area in the UK. Notwithstanding the potential provided by sections 158 and 159 of the Equality Act 2010, it still appears that organizations prefer to steer clear of this opportunity to address disadvantage suffered by protected groups. Whilst there is a body of work considering the theoretical importance of positive action in the UK (see inter alia Barmes, 2011; Burrows & Robison, 2006; Johns et al, 2014; McCrudden 1986; Noon, 2010), there is a lack of empirical exploration of the practical implications of these provisions. Qualitative study to determine the utility of the positive action provisions is considered both timely and necessary as we approach the fifth anniversary of the Equality Act 2010. This paper will explore the theoretical context of the current positive action provisions within England, Scotland and Wales. It will also discuss the early findings of a small-scale qualitative study carried out by the authors looking at the experiences of a purposive sample of public and private organisations in light of the potential for positive action in relation to employment in the UK.