Professor Douglas Brodie

Professor of Employment Law and Head of School, University of Edinburgh

Summary

Professor Brodie is an authority on Labour Law and Delict. His main research interests are in the area of employment contract and the history of Labour Law and in the area of Delict, the analysis of negligence. He has published widely in these areas.

Professor Douglas Brodie is currently Head of School in the School of Law at the University of Edinburgh.

Teaching Experience

Professor Douglas Brodie has taught on courses at all levels in the Law School at the University of Edinburgh over the years. Presently, he lectures in Delict at Ordinary Level. Professor Brodie is involved in Honours teaching in several courses; Delict, Administrative Law and Labour Law. In previous years he has tutored in Contract, Criminal Law, Commercial Law, Delict, Evidence, Housing and Employment and Scottish Legal System. He has lectured on Company Law to both the Business Law and Commercial Law class. Professor Brodie has also taught on the Company Law LLM, Obligations LLM and the LLM course in Labour Law. He is increasingly involved in continuing legal education for solicitors over the last fifteen years. For example, between 1993 and 2003 he taught on evening seminars offered by Edinburgh University on Employment Law, Delict and Health and Safety at Work.

Symposia and Congresses

• Gave a paper (later published) on Industrial Democracy at the Anglo Soviet Symposium on Labour Law in Moscow in May 1985.
• Gave a paper on Means-Testing in UK Social Security Law at an International Conference in Tilburg, Netherlands, April 1988
• Submitted a paper (later published) to the XVI Congress of the International Academy of Comparative Law held in Brisbane 2002.
• Discussant at International symposium on `Reconstructing Employment Contracts’ (LSE January 2006)

Publications

Books:

• A History of British Labour Law (Hart: 2003) 256 pages
• The Employment Contract (OUP: 2005) 236 pages
• The Contract of Employment (SULI 2008)

Books Edited:

• Redgrave's Health and Safety (2nd ed) (with J Hendy and M.Forde) (1993)
• Trade Union Government and Administration in Stair Memorial Encyclopaedia of the Laws of Scotland (Re-issue 4, 2001), pp 2-42 and 93-127

Parts of Books:

• Industrial Democracy in W E Butler (ed) Comparative Labour Law: Anglo-Soviet Perspectives (pp 110-122) (1985)
• Health and Safety at Work in Vol. 9 of Stair Memorial Encyclopaedia of the Laws of Scotland (pp 253-352) (1987); (2nd ed 2000, pp 368-454.)
• Political Strikes in W. Finnie et al (ed) Edinburgh Essays on Public Law (pp 215-230) (1991)
• Social Security in Vol 21 of Stair Memorial Encyclopaedia (1994) (pp 525-666)
• The Analysis of Negligence in H.L.MacQueen (ed) Scots Law into the 21st Century (pp 204-213) (1996)
• Negligence and the Convention in Lord Reed (ed), A Practical Guide to Human Rights Law in Scotland (pp 213-235) (2001)
• Compulsory Altruism and Public Authorities in `Public Authority Liability in European and Comparative Perspective’ ( Andenas, Bell, and Fairgrieve (eds)) (pp 541-559) (2002)
• The Legal Effects of Collective Agreements in J. Bell (ed) Studies in UK Law 2002 (pp 353-365 (2002)
• Private Rights, Private Law, and the Private Domain (with H.L.MacQueen) in A. Boyle et al (eds) `Human Rights and Scots Law (pp 141- 177) (2002)
• Good faith in Contract (with F. Brand) in R. Zimmerman et al (ed) Mixed Legal Systems in Comparative Perspective (2005)
• Crofter v Veitch in K D Ewing (ed) `The Trade Disputes Act 1906’ (forthcoming)

Articles (all refereed):

Professor Douglas Brodie has published the following articles on employment law.

• Kahn-Freund and the Content of the Contract of Employment, 1994 JR pp. 292- 305.
• The Heart of the Matter: Mutual Trust and Confidence 25 ILJ pp. 121-136
• The Contract for Work 1997 2 SLPQ pp.138-148
• The Evolution of British Labour Law 1997 JR pp 287-313
• Specific Performance and Employment Contracts (1998) 27 ILJ pp 37-48
• Beyond Exchange: The New Contract of Employment (1998) 27 ILJ pp 79-102
• The Right to Work 1998 JR pp. 311-323
• A Fair Deal At Work 1999 OJLS pp. 83-98
• The Contract of Employment: Continuity and Mutuality 1999 JR pp. 247-257
• Mutual Trust and the Values of the Employment Contract (2001) 30 ILJ pp 84-100
• Legal Coherence and the Employment Revolution, (2001) LQR pp 604-625.
• Reflecting the Dynamics of Employment Relations (2004) 33 ILJ 159-167
• Health and Safety, Trust and Confidence (2004) 33 ILJ 261-267
• The Vitality of Mutual Trust and Confidence (2004) 33 ILJ 349-355
• Employees, Workers and the Self-Employed (2005) 34 ILJ 253- 260
• The Enterprise and the Borrowed Worker (2006) 35 ILJ 87-92

Principal publications on delict since 1995 have been:

• Pursuing the Police, 1995 JR pp. 292-305.
• Public Authorities and the Duty of Care 1996 JR pp. 127-140
• In Defence of Donoghue 1997 JR pp. 65-75
• `Public Authorities- Negligence Actions- Control Devices’` 1998 Legal Studies pp 1-15.
• The Negligence Liability of Public Authorities: A Traditional Solution 1999 LMCLQ pp. 16-21
• (with K.Mason) Bolam, Bolam – Where Art Thou Bolam? (2005) ELR pp. 298-306

Notes:

• The Right to Organise. 1983 SLT (News) pp. 225-227
• Phestos Shipping Co Ltd v Kurmiawan, 1983 ILJ pp. 170-171
• Political Strikes and the Golden Formula, 1984 SLT (News) pp. 106-110
• Sex Discrimination Act 1986, 1987 ILJ pp. 48-9
• Dock Work Act 1989. 1989 ILJ pp. 230-231
• The Reasonable Employer, 1993 SLT pp. 231-2
• Protecting Reputations, 1994 SLT pp. 365-367
• Procedural Fairness, 1995 SLT pp. 105-108
• The Utility of Umbrellas, 1995 9 Employment Law Bulletin pp. 2-3
• Illegal Contracts, 1994 4 Employment Law Bulletin pp. 6
• Occupational Stress, 1995 6 Employment Law Bulletin pp. 10-11
• Primary and Secondary Nervous Shock, 1995, 5 Reparation Bulletin pp. 2-3
• Incorporation of Collective Agreements 11 Employment Law Bulletin pp.2-4
• Annualisation Agreements: A Fair Exchange ? 16 Employment Law Bulletin pp.10-11
• Subsidence and Subsidiarity, 9 Reparation Bulletin pp. 3-5
• Undermining Murphy 16 Reparation Bulletin 3
• Jesuitical Distinctions 1997 SLT pp 84-86
• The Boundaries of Murphy, 14 Reparation Bulletin 2
• The Boundaries of Murphy - Pt II, 16 Reparation Bulletin 3
• Nervous Shock and Professional Rescuers, 13 Reparation Bulletin 2
• Hedley Byrne and Public Authorities, 18 Reparation Bulletin 2
• Exercising Discretion Fairly, 20 Employment Law Bulletin pp 4-5
• Fundamental Obligations, 21 Employment Law Bulletin pp. 3-5
• The Utility of Pringles, 25 Employment Law Bulletin pp 3-5
• Searching for the Limits of Mutual Trust, 27 Employment Law Bulletin pp
• 5-6
• The Clockwork Orange and Nervous Shock 1999 28 Reparation Bulletin 3
• Wrongful Dismissal and Mutual Trust. (1999) 28 ILJ pp. 260-262
• Pursuing Public Authorities- The Turning of the Tide? 1999 29 Reparation Bulletin 2
• Common Law Remedies 33 Employment Law Bulletin pp 5-7
• White v Chief Constable Revisited 2000 31 Reparation Bulletin 2
• Commonwealth Inspiration 2000 34 Reparation Bulletin 4
• Mutual Trust and Detrimental Action 2000 39 Employment Law Bulletin pp
• 2-3
• Defying Suzen 2000 SLT pp 253-255
• Boxing and the Regulator, 2001 SLT pp 151-153
• Fair Dealing and the Disciplinary Process’ (2002) 31 ILJ 294-297
• Barber v Somerset and the ACAS Guide 2004 64 Employment Law Bulletin pp2-3
• Collective Agreements and Managerial Prerogative 2005 65 Employment Law Bulletin pp2-3
• Performance Issues and Frustration of Contract 2006 71 Employment Law Bulletin pp4-5
• Agency Workers: the latest moves on the chess board 2006 72 Employment Law Bulletin pp2-4
• Staff Handbooks and Incorporation 2006 74 Employment Law Bulletin pp2-4
• The contractual status of agency workers: Toms v Royal Mail (2006) ELR 443-446

Articles in Press:

• Enterprise Liability OJLS (2007)
• The Employment Contract and Unfair Contracts Legislation (2007) LS