Please use this identifier to cite or link to this item:
Title: Public Employment and Access to Justice in Employment Law
Authors: Rodgers, Lisa
First Published: 14-Aug-2014
Publisher: Oxford University Press
Citation: Industrial Law Journal, 2014, 43 (4), pp. 373-397
Abstract: This paper discusses and analyses the current evolution of the exceptional employment law rules governing (certain) public sector employment and the implication of that evolution for access to justice for public employees. It starts with an analysis of the origins and justifications for the separation of the regulation of ‘private’ as opposed to ‘public’ employees and how that separation has evolved over time. The article then proceeds to outline some of the possible critiques of that separation and the potential for the challenge to that separation in theoretical terms. In the third section, there is an assessment of the practical ways in which way public employees have recently sought to challenge this separation, and particularly their exclusion from private employment law rights. It discusses the reasons for the varying degrees of success of that challenge. The final section proceeds to discuss how far public law may step in to counteract the exclusion of public employees from the employment law regime. In particular, there is a discussion of the realisation within the public law arena of a need to relax the strict separation of the public/private regime and the need to cater for particular individual circumstances.
DOI Link: 10.1093/indlaw/dwu020
ISSN: 0305-9332
eISSN: 1464-3669
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2014 Industrial Law Society; all rights reserved. For permissions, please e-mail: This is a pre-copyedited, author-produced PDF of an article accepted for publication in Industrial Law Journal following peer review. The version of record Ind Law J (2014) 43 (4): 373-397 is available online at:
Description: The file associated with this record is under a 24-month embargo from publication in accordance with the publisher's self-archiving policy, available at The full text may be available in the publisher links provided above.
Appears in Collections:Published Articles, School of Law

Files in This Item:
File Description SizeFormat 
public employment and access to justice amended LR June 2014.docxPost-review (final submitted)55.44 kBUnknownView/Open
public employment and access to justice amended LR June 2014.pdfPost-review (final submitted)279.21 kBAdobe PDFView/Open

Items in LRA are protected by copyright, with all rights reserved, unless otherwise indicated.