The presumption of advancement: a lingering shadow in UK Law?: Table 1

This is the author accepted manuscript. The final version is available from Oxford University Press via http://dx.doi.org/10.1093/tandt/ttv048The presumption of advancement is a well-established equitable principle in English law, which operates to presume that a purchaser or transferor of property intended to transfer the beneficial interest to the recipient in certain relationships. However, its future is far from certain. While it appeared that the presumption would be abolished by the Equality Act 2010 (UK) c 15 section 199, that section has never been brought into force. Therefore, it is necessary to consider the enduring impact of the presumption of advancement, and what its future might be. This article considers the operation of the presumption of advancement in English law and attempts to abolish the presumption via legislative reform. It details a survey of UK case law, to ascertain how the presumption is operating in practice, and canvasses alternative approaches to dealing with the presumption, drawing on comparative perspectives and academic critiques. This article argues that the law around the presumption remains unclear and in turmoil. Therefore, while it is not necessary to abolish the presumption, reform is necessary

Managing without default retirement in universities: a comparative picture from Australia

This is the author accepted manuscript. The final version is available from Wiley via http://dx.doi.org/10.1111/lest.12079The abolition of the default retirement age is creating challenges for UK employers, and universities in particular. Operating without mandatory retirement may have consequences for performance management, the creation of opportunities for new generations of workers, the scope for workforce planning and employment costs. Drawing on comparative experiences of Australian universities, which have been operating without mandatory retirement since the 1990s, this paper critically examines whether these consequences have materialised in Australia. It draws out a number of lessons for UK universities from the Australian experience.</jats:p

Theorising labour law in a changing world: towards inclusive labour law

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