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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)

de Gioia-Carabellese, Pierre (2012) 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). Diritto delle Relazioni Industriali, XXII (4). pp. 1085-1107. ISSN 1121-8762

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Abstract

The dismissal by way of redundancy in Britain is analysed in this contribution in 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 compare the British jurisprudence to the Italian one, a jurisdiction that has just recently introduced in its legislative body an up-dated, albeit probably imperfect, form of redundancy (the redundancy for economic reasons or giustificato motivo oggettivo). The results of the discussion (a pure comparative analysis in law, within the area of the employment law) are quite ground-breaking, as a theory is corroborated that the British legislation in the matter of the redundancy should be used as a successful yardstick for the Italian counterpart, particularly as regards the possibility (rectius the necessity) to extend this legislative tool, just recently made tenuously applicable to the private sector workers, to the public ones as well. The dismissal by way of redundancy in Britain is analysed in this contribution in 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 compare the British jurisprudence to the Italian one, a jurisdiction that has just recently introduced in its legislative body an up-dated, albeit probably imperfect, form of redundancy (the redundancy for economic reasons or giustificato motivo oggettivo). The results of the discussion (a pure comparative analysis in law, within the area of the employment law) are quite ground-breaking, as a theory is corroborated that the British legislation in the matter of the redundancy should be used as a successful yardstick for the Italian counterpart, particularly as regards the possibility (rectius the necessity) to extend this legislative tool, just recently made tenuously applicable to the private sector workers, to the public ones as well.

Item Type: Article
Subjects: K Law > K Law (General)
Schools: Huddersfield Business School
Related URLs:
Depositing User: Jonathan Cook
Date Deposited: 25 Sep 2017 13:06
Last Modified: 14 Feb 2018 10:22
URI: http://eprints.hud.ac.uk/id/eprint/32920

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