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All Outputs (20)

Liability of employers for third party harassment in the UK. (2020)
Journal Article
MIDDLEMISS, S. 2021. Liability of employers for third party harassment in the UK. International journal of law and management [online], 63(1), pages 147-156. Available from: https://doi.org/10.1108/IJLMA-06-2020-0171

Purpose: This paper aims to summarise current law dealing with third party harassment in workplaces in the UK and make recommendations for improving law. Design/methodology/approach: Review of case law, articles etc. Findings: It is found that the cu... Read More about Liability of employers for third party harassment in the UK..

The legal rights of workers and volunteers at the Edinburgh Festival Fringe. (2020)
Journal Article
MIDDLEMISS, S. 2021. The legal rights of workers and volunteers at the Edinburgh Festival Fringe. International journal of law and management [online], 63(1), pages 51-64. Available from: https://doi.org/10.1108/IJLMA-03-2020-0082

Purpose: Against the background of the biggest arts festival in the world, there have been some shocking findings recently about the treatment of performers and other workers at the Fringe. The purpose of this paper is to consider the type of treatme... Read More about The legal rights of workers and volunteers at the Edinburgh Festival Fringe..

New developments in the law of sexual harassment. (2019)
Journal Article
MIDDLEMISS, S. 2019. New developments in the law of sexual harassment. Juridical review [online], 3, pages 269-276. Available from: http://westlaw.co.uk

This article reviews recent developments relating to sexual harassment, including research studies by YouGov, BBC Radio 5 Live and the Equality and Human Rights Commission. The author notes the definition of "sexual harassment" under the Equality Act... Read More about New developments in the law of sexual harassment..

Relationship problems? Liability of employers for sexual relationships at work. (2019)
Journal Article
MIDDLEMISS, S. 2019. Relationship problems? Liability of employers for sexual relationships at work. Interdisciplinary perspectives on equality and diversity [online] 5(1), article 62. Available from: http://journals.hw.ac.uk/index.php/IPED/article/download/62/50

Research has shown that sexual relationships at work are on the increase and the consequences for the parties (particularly employees and workers) can be the breakdown of working relationships, loss of employment and ultimately a legal claim. It ther... Read More about Relationship problems? Liability of employers for sexual relationships at work..

Bad weather absences and employer liability. (2018)
Journal Article
MIDDLEMISS, S. 2018. Bad weather absences and employer liability. Scots law times [online], 2018(17), pages 69-71. Available from: http://westlaw.co.uk

Discusses the liability of employers for disciplinary action taken against employees following absences relating to bad weathers, notably pursuant to government or police advice, or because attending the workplace is not physically practical.

Not what to wear? (2018)
Journal Article
MIDDLEMISS, S. 2018. Not what to wear? Employers' liability for dress codes? International journal of discrimination and the law [online], 18(1), pages 40-51. Available from: https://doi.org/10.1177/1358229118757867

This article argues that in the United Kingdom currently there is a lack of an effective legal basis for challenging the imposition by employers of unfair or discriminatory dress codes in the workplace on employees or workers. Given the breadth of th... Read More about Not what to wear?.

"Another nice mess you've gotten me into" employers' liability for workplace banter. (2017)
Journal Article
MIDDLEMISS, S. 2017. 'Another nice mess you've gotten me into' employers' liability for workplace banter. International journal of law and management [online], 59(6), pages 916-938. Available from: https://doi.org/10.1108/IJLMA-07-2016-0063

Purpose – Banter has been defined in the Oxford Dictionary as "the playful and friendly exchange of playful remarks" [www.merriam-webster.com/dictionary/banter]. This suggests that it is a form of dialogue or conversation that is welcome, non-threate... Read More about "Another nice mess you've gotten me into" employers' liability for workplace banter..

Whistle-blowing and the equality dimension of victimisation in the workplace. (2017)
Journal Article
MIDDLEMISS, S. 2017. Whistle-blowing and the equality dimension of victimisation in the workplace. International journal of discrimination and the law [online], 17(2), pages 137-156. Available from: https://doi.org/10.1177/1358229117712586

A considerable amount of attention has been given to the general law of victimisation under the Equality Act 2010 but scant consideration has been given to the equality aspect of victimisation relating to whistle-blowing in the United Kingdom, and th... Read More about Whistle-blowing and the equality dimension of victimisation in the workplace..

Anglo-American comparison of employers' liability for discrimination in employment based on weightism. (2015)
Journal Article
MIDDLEMISS, S. and DOWNIE, M. 2015. Anglo-American comparison of employers' liability for discrimination in employment based on weightism. Equal rights review, 15, pages 87-111.

This article analyses and compares research into discrimination based on weight (weightism) and the legal rules that cover it in the United Kingdom and the United States. Weightism is discrimination that is often based on stereotypical views of peopl... Read More about Anglo-American comparison of employers' liability for discrimination in employment based on weightism..

Relationship problems: employer's liability for marital discrimination? (2015)
Journal Article
MIDDLEMISS, S. 2015. Relationship problems: employer's liability for marital discrimination? Common law world review, 44(1), pages 51-70. Available from: https://doi.org/10.1177/1473779514564560

This paper involves analysis of the law covering discrimination in the workplace against workers who have entered into a formal marriage or a civil partnership, referred to here as marital discrimination. It also looks at the law dealing with discrim... Read More about Relationship problems: employer's liability for marital discrimination?.

Let the stalker beware? Analysis of the law of stalking in Scotland. (2014)
Journal Article
MIDDLEMISS, S. 2014. Let the stalker beware? Analysis of the law of stalking in Scotland. Journal of criminal law [online], 78(5), pages 407-422. Available from: https://doi.org/10.1350/jcla.2014.78.5.942

This article analyses the significance of changes to the law in Scotland dealing with stalking by outlining the previous legal position and examining the new legal rules and their impact. Stalking has been proven to be extremely harmful to the victim... Read More about Let the stalker beware? Analysis of the law of stalking in Scotland..

Is a claim for post-employment victimisation currently permissible under the Equality Act 2010? (2013)
Journal Article
MIDDLEMISS, S. 2014. Is a claim for post-employment victimisation currently permissible under the Equality Act 2010? International journal of discrimination and the law [online], 14(2), pages 117-125. Available from: https://doi.org/10.1177/1358229113510825

This article provides an overview of the current legal rules dealing with post-employment victimisation and an analysis of the nature and scope of the law on this issue in the United Kingdom. The main focus of the article is to consider the conflicti... Read More about Is a claim for post-employment victimisation currently permissible under the Equality Act 2010?.

The cost of kindness: voluntary workers and intern's rights under employment law. (2013)
Journal Article
MIDDLEMISS, S. 2014. The cost of kindness: voluntary workers and intern's rights under employment law. International journal of business law [online], 1, pages 130-149.

This article involves analysis of the employment rights of voluntary workers in the United Kingdom or more appropriately, their absence of rights. To emphasize the nature and extent of the problem for volunteers, a review of voluntary working in Scot... Read More about The cost of kindness: voluntary workers and intern's rights under employment law..

The legal impact on employers where there is a sham element in contracts with their workers. (2012)
Journal Article
MIDDLEMISS, S. 2012. The legal impact on employers where there is a sham element in contracts with their workers. International journal of law and management [online], 54(3), pages 209-221. Available from: https://doi.org/10.1108/17542431211228610

The recent development of legal rules that can invalidate sham clauses or bogus contracts in employment have proven beneficial to workers, in particular those workers that want to be treated as employees. This paper aims to investigate this issue. Th... Read More about The legal impact on employers where there is a sham element in contracts with their workers..

Equal pay legislation and its impact on the gender pay gap. (2011)
Journal Article
GOW, L. and MIDDLEMISS, S. 2011. Equal pay legislation and its impact on the gender pay gap. International journal of discrimination and the law [online], 11(4), pages 164-186. Available from: https://doi.org/10.1177/1358229112440442

Equal pay legislation has been in existence for over 40 years in the UK and the legal rules dealing with equal pay have been consolidated and amended recently with the implementation of the Equality Act 2010. However, despite this, problems can still... Read More about Equal pay legislation and its impact on the gender pay gap..

The psychological contract and implied contractual terms: Synchronous or asynchronous models? (2011)
Journal Article
MIDDLEMISS, S. 2011. The psychological contract and implied contractual terms: Synchronous or asynchronous models? International journal of law and management [online], 53(1), pages 32-50. Available from: https://doi.org/10.1108/17542431111111872

Purpose – For longer than most people would think, over 40 years, organisational psychologists have been defining and characterising the employment relationship in terms of the psychological contract. Across the same period, judges have through their... Read More about The psychological contract and implied contractual terms: Synchronous or asynchronous models?.

Employer liability for death by suicide or stress and overwork in the workplace. (2009)
Journal Article
MIDDLEMISS, S. 2009. Employer liability for death by suicide or stress and overwork in the workplace. Juridical review, 2009(4), pages 245-263.

This article deals with the complex problem of determining the liability of an employer under the law of delict for death by suicide at work (resulting from workplace causes) or death of an employee caused by stress or overwork. It will concentrate o... Read More about Employer liability for death by suicide or stress and overwork in the workplace..

Recent changes in the evidential requirements in indirect sex and race discrimination cases. (2009)
Journal Article
MIDDLEMISS, S. and DOWNIE, M. 2009. Recent changes in the evidential requirements in indirect sex and race discrimination cases. International journal of law and management [online], 51(6), pages 367-373. Available from: https://doi.org/10.1108/17542430911005909

Purpose: The purpose of this paper is to critically analyse the impact of recent case law on the various evidential requirements in the area of indirect sex and indirect race discrimination in employment. It is intended to distil from the case law a... Read More about Recent changes in the evidential requirements in indirect sex and race discrimination cases..

Employers' liability for occupational stress and death from overwork in the United States and the United Kingdom. (2009)
Journal Article
KOBAYASHI, T. and MIDDLEMISS, S. 2009. Employers' liability for occupational stress and death from overwork in the United States and the United Kingdom. Common law world review [online], 38(2), page 137-169. Available from: https://doi.org/10.1350/clwr.2009.38.2.0186

The premise of this article is that those persons that excessively overwork can die as a result through stress related illness or suicide. In this article we will undertake a comparative analysis of the legal treatment of stress related illness at wo... Read More about Employers' liability for occupational stress and death from overwork in the United States and the United Kingdom..

The truth and nothing but the truth? The legal liability of employers for employee references. (2004)
Journal Article
MIDDLEMISS, S. 2004. The truth and nothing but the truth? The legal liability of employers for employee references. Industrial law journal [online], 33(1), pages 59-67. Available from: https://doi.org/10.1093/ilj/33.1.59

It is now widely recognised notwithstanding this ‘contemporary reality’ , that where the employer giving the reference fails to provide a fair or accurate reference, through malice, negligence or carelessness, he may face a legal action. This article... Read More about The truth and nothing but the truth? The legal liability of employers for employee references..