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The Concept of the Employer$
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Jeremias Prassl

Print publication date: 2015

Print ISBN-13: 9780198735533

Published to Oxford Scholarship Online: June 2015

DOI: 10.1093/acprof:oso/9780198735533.001.0001

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The Fragile Scope of Employment Law Coverage

The Fragile Scope of Employment Law Coverage

Chapter:
(p.85) 3 The Fragile Scope of Employment Law Coverage
Source:
The Concept of the Employer
Author(s):

Jeremias Prassl

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198735533.003.0006

This chapter demonstrates the fragile scope of employment law coverage, beginning with the near-complete inapplicability of protective provisions in the triangular or agency work context. In complex corporate groups and Private Equity-owned companies, on the other hand, it is becoming increasingly difficult to identify the relevant employer for purposes of statutory obligations, such as the consultation and information of employees in collective redundancies or transfers of undertakings (TUPE). In setting out these examples, several previous attempts at addressing the problems under discussion are analysed to demonstrate their potential flaws: instead of addressing the underlying tension in the concept of the employer, judicial, legislative and policy-based responses have historically been limited in their focus on a particular subset of issues. Attempts at partial reform are furthermore difficult insofar as they tend to perpetuate received concepts and thus reinforce the narrow and inconsistent personal scope of employment law.

Keywords:   employment law coverage, triangular work, agency work, corporate groups, consultation and information, collective redundancies, transfer of undertaking, TUPE, private equity

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