The Dismissal by Way of Redundancy in the United Kingdom as a Possible Legal Concept to Be Transplanted in Italy?

A Meditation on the “Odyssey” of an Impossible Dismissal (the Economic Dismissal in Italy) and a Possible Inspirational Muse (the British Legislation in the Matter of the Redundancy)

Pierre de Gioia-Carabellese, Gaetano Zilio Grandi

Research output: Contribution to journalArticle

Abstract

The dismissal by way of redundancy in Britain is analysed in this contribution with regard to both its legislative pillars and the most recent judicial stances. However, the discussion goes beyond the mere revision of secondary sources, as the Authors propose to contrast the British jurisprudence with the Italian one, a jurisdiction that has just recently ushered into its legislative body, under the pressure of the European Union and against the backdrop of an increasingly deteriorated economic scenario, an up-dated, albeit partly flawed, form of redundancy (the redundancy foreconomic reasons or giustificato motivo oggettivo).
The results of the discussion (a pure comparative analysis in law, within the area of the employment law) are quintessentially groundbreaking, as a theory is corroborated that the British legislation in the matter of the redundancy should be used as a decidedly apt yardstick to which its Italian counterpart should work towards, particularly in respect of the possibility (rectius the necessity) to extend this legislative tool, just recently made tenuously applicable to private sector workers, to the public arena also.
Original languageEnglish
Pages (from-to)849-871
Number of pages23
JournalEuropean Business Law Review
Volume24
Issue number6
Publication statusPublished - 2013
Externally publishedYes

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Cite this

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title = "The Dismissal by Way of Redundancy in the United Kingdom as a Possible Legal Concept to Be Transplanted in Italy?: A Meditation on the “Odyssey” of an Impossible Dismissal (the Economic Dismissal in Italy) and a Possible Inspirational Muse (the British Legislation in the Matter of the Redundancy)",
abstract = "The dismissal by way of redundancy in Britain is analysed in this contribution with regard to both its legislative pillars and the most recent judicial stances. However, the discussion goes beyond the mere revision of secondary sources, as the Authors propose to contrast the British jurisprudence with the Italian one, a jurisdiction that has just recently ushered into its legislative body, under the pressure of the European Union and against the backdrop of an increasingly deteriorated economic scenario, an up-dated, albeit partly flawed, form of redundancy (the redundancy foreconomic reasons or giustificato motivo oggettivo).The results of the discussion (a pure comparative analysis in law, within the area of the employment law) are quintessentially groundbreaking, as a theory is corroborated that the British legislation in the matter of the redundancy should be used as a decidedly apt yardstick to which its Italian counterpart should work towards, particularly in respect of the possibility (rectius the necessity) to extend this legislative tool, just recently made tenuously applicable to private sector workers, to the public arena also.",
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