Unfair dismissal of agency workers or unfair legislation in the UK for businesses using agency workers? A Law discussion on the agency workers regulations in the light of a theoretical - or too theoretical? - harmonisation and from a tenuous perspective of comparative analysis

Pierre De Gioia-Carabellese, Mark J Shuttleworth

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    Abstract

    The legislative novelty of the Agency Workers Regulations 2010 is "dissected" in this contribution in its connection with the right not to be unfairly dismissed bestowed upon employees. In addition to analysing the judicial evolution over the last decade of this politically-sensitive right, the article seeks to demonstrate that the way Britain has implemented the relevant European Union over-layer (the Temporary Agency Work Directive) could be beyond what requested by the beaurocrat Brussels, and even unfair than what implemented in other European Union countries, such as the Italian one. The article hints at the possibility that Italy cound be at breach of the EU Treaty, for lack of implementation of the Directive.
    In July 2012 ubmitted to the European Business Law Review. Aprroved with amendments on 28 July 2012. Final version sent on 30 August and approved by the editorial boars and anonymous referee on 4 September 2012. Publication confirmed for September/October 2013 (issue 5).
    An article, in Italian, relating ot the same subject and reflecting similar stance, has already been published in Italian on "Il Lavoro nella Giurisprudenza" (P de Gioia-Carabellese, ‘Gli “agency workers” nel Regno Unito fra common law e disciplina comunitaria’ (‘Agency Workers in the UK between Common Law and the Ultimate Piece of EU Legislation’) (2010) Il Lavoro nella Giurisprudenza Wolters Kluwer (2, February) 143,158 (02460000 - ISBN: 88-13-02460-0).
    Original languageEnglish
    Pages (from-to)635-660
    Number of pages26
    JournalEuropean Business Law Review
    Volume24
    Issue number5
    Publication statusPublished - 1 Oct 2013

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