Unfair dismissal of agency workers or unfair legislation in the UK for businesses using agency workers?

Pierre de Gioia-Carabellese, Mark J. Shuttleworth

Research output: Contribution to journalArticle

Abstract

The contribution encapsulates a legal discussion on the controversial figure of the agency workers, from the judicial debate blossomed during the last decade in the British courts, as regards their legal characterization, until the most recent developments, particularly the legislative framework passed in Britain, the Agency Workers Regulations. On such footings, the investigation focuses on the main law provisions of the recent British legislation, including the most crucial limbs of the domestic statute. Additionally and against the backdrop of a comparative analysis, where the Italian jurisdiction is adopted as the "comparator", criticism is expressed by the authors as regards the way the "harmonisation" of EU inspiration (the Temporary Agency Work Directive) has been brought about in this strategic and increasingly important sector of the job market. Particularly, it is adumbrated the view that Britain, with its rigorous and rigid implementation of the Directive, may be currently damaging its own businesses with its irrationality of harsh rules, whereas a country like Italy, where the pertinent EU piece of legislation is applied with an indirect technique - i.e. the tolerance towards the already existing legislation of the fornitura di servizi (provision of services) - may de facto be dodging the constraints of the legislator in Brussels. These findings, of comparative law flavour, with the prominent example of Italy highlighted as a tenuous background, may confirm the sceptical view that, since the beginning, some scholars had expressed towards the Directive and its nebulous teleology.
Original languageEnglish
Pages (from-to)635-660
Number of pages26
JournalEuropean Business Law Review
Volume24
Issue number5
Publication statusPublished - 1 Oct 2013
Externally publishedYes

Fingerprint

dismissal
legislation
worker
Italy
EU
teleology
Law
harmonization
statute
tolerance
jurisdiction
criticism
regulation
market

Cite this

Gioia-Carabellese, Pierre de ; Shuttleworth, Mark J. / Unfair dismissal of agency workers or unfair legislation in the UK for businesses using agency workers?. In: European Business Law Review. 2013 ; Vol. 24, No. 5. pp. 635-660.
@article{582fede82f194825b18411c6ca2904be,
title = "Unfair dismissal of agency workers or unfair legislation in the UK for businesses using agency workers?",
abstract = "The contribution encapsulates a legal discussion on the controversial figure of the agency workers, from the judicial debate blossomed during the last decade in the British courts, as regards their legal characterization, until the most recent developments, particularly the legislative framework passed in Britain, the Agency Workers Regulations. On such footings, the investigation focuses on the main law provisions of the recent British legislation, including the most crucial limbs of the domestic statute. Additionally and against the backdrop of a comparative analysis, where the Italian jurisdiction is adopted as the {"}comparator{"}, criticism is expressed by the authors as regards the way the {"}harmonisation{"} of EU inspiration (the Temporary Agency Work Directive) has been brought about in this strategic and increasingly important sector of the job market. Particularly, it is adumbrated the view that Britain, with its rigorous and rigid implementation of the Directive, may be currently damaging its own businesses with its irrationality of harsh rules, whereas a country like Italy, where the pertinent EU piece of legislation is applied with an indirect technique - i.e. the tolerance towards the already existing legislation of the fornitura di servizi (provision of services) - may de facto be dodging the constraints of the legislator in Brussels. These findings, of comparative law flavour, with the prominent example of Italy highlighted as a tenuous background, may confirm the sceptical view that, since the beginning, some scholars had expressed towards the Directive and its nebulous teleology.",
author = "Gioia-Carabellese, {Pierre de} and Shuttleworth, {Mark J.}",
year = "2013",
month = "10",
day = "1",
language = "English",
volume = "24",
pages = "635--660",
journal = "European Business Law Review",
issn = "0959-6941",
publisher = "Kluwer Law International",
number = "5",

}

Unfair dismissal of agency workers or unfair legislation in the UK for businesses using agency workers? / Gioia-Carabellese, Pierre de; Shuttleworth, Mark J.

In: European Business Law Review, Vol. 24, No. 5, 01.10.2013, p. 635-660.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Unfair dismissal of agency workers or unfair legislation in the UK for businesses using agency workers?

AU - Gioia-Carabellese, Pierre de

AU - Shuttleworth, Mark J.

PY - 2013/10/1

Y1 - 2013/10/1

N2 - The contribution encapsulates a legal discussion on the controversial figure of the agency workers, from the judicial debate blossomed during the last decade in the British courts, as regards their legal characterization, until the most recent developments, particularly the legislative framework passed in Britain, the Agency Workers Regulations. On such footings, the investigation focuses on the main law provisions of the recent British legislation, including the most crucial limbs of the domestic statute. Additionally and against the backdrop of a comparative analysis, where the Italian jurisdiction is adopted as the "comparator", criticism is expressed by the authors as regards the way the "harmonisation" of EU inspiration (the Temporary Agency Work Directive) has been brought about in this strategic and increasingly important sector of the job market. Particularly, it is adumbrated the view that Britain, with its rigorous and rigid implementation of the Directive, may be currently damaging its own businesses with its irrationality of harsh rules, whereas a country like Italy, where the pertinent EU piece of legislation is applied with an indirect technique - i.e. the tolerance towards the already existing legislation of the fornitura di servizi (provision of services) - may de facto be dodging the constraints of the legislator in Brussels. These findings, of comparative law flavour, with the prominent example of Italy highlighted as a tenuous background, may confirm the sceptical view that, since the beginning, some scholars had expressed towards the Directive and its nebulous teleology.

AB - The contribution encapsulates a legal discussion on the controversial figure of the agency workers, from the judicial debate blossomed during the last decade in the British courts, as regards their legal characterization, until the most recent developments, particularly the legislative framework passed in Britain, the Agency Workers Regulations. On such footings, the investigation focuses on the main law provisions of the recent British legislation, including the most crucial limbs of the domestic statute. Additionally and against the backdrop of a comparative analysis, where the Italian jurisdiction is adopted as the "comparator", criticism is expressed by the authors as regards the way the "harmonisation" of EU inspiration (the Temporary Agency Work Directive) has been brought about in this strategic and increasingly important sector of the job market. Particularly, it is adumbrated the view that Britain, with its rigorous and rigid implementation of the Directive, may be currently damaging its own businesses with its irrationality of harsh rules, whereas a country like Italy, where the pertinent EU piece of legislation is applied with an indirect technique - i.e. the tolerance towards the already existing legislation of the fornitura di servizi (provision of services) - may de facto be dodging the constraints of the legislator in Brussels. These findings, of comparative law flavour, with the prominent example of Italy highlighted as a tenuous background, may confirm the sceptical view that, since the beginning, some scholars had expressed towards the Directive and its nebulous teleology.

M3 - Article

VL - 24

SP - 635

EP - 660

JO - European Business Law Review

JF - European Business Law Review

SN - 0959-6941

IS - 5

ER -