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Industrial Law Journal 2002 31(2):99-112; doi:10.1093/ilj/31.2.99
© 2002 by Industrial Law Society
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Employees, Partnership and Company Law

Lord Wedderburn of Charlton1

1 London School of Economics and Political Science

The extent to which company law structures and debates in Britain and in Europe and the associated debates on corporate governance have taken account of employees' interests has fluctuated in the last five decades. This reflects the variations in the superstructure of dominant ideology. In British company law a long history of diverse proposals led to the enactment in 1980 of the principle that company directors must take account of the interests of the company's employees. The Company Law Review reports now propose that that formula be repealed and that the new Statement of directors' duties should rest on the basis that employees' interests are ranked on the same plane as suppliers of goods and services. This, it is suggested, is not a satisfactory basis for the new company law and makes a mockery of concepts of partnership.


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