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Zusatztext A helpful and fruitful analysis of a wide range of cases! official reports! and scholarly literature ... Prassl argues his case with great learning and panache. Informationen zum Autor Jeremias Prassl is an Associate Professor in the Faculty of Law, University of Oxford, and an Official Tutorial Fellow at Magdalen College. He read law at the Universities of Oxford and Paris II (MA, DPhil) as well as Harvard Law School (LL.M.). Prassl's primary research interests are in the fields of employment law, company law, and EU law. Klappentext The concept of the employer has been surprisingly ignored in employment and corporate law, leaving protective norms unable to grapple with modern work arrangements. This book scrutinises the received concept of a unitary employer providing a functional reconceptualization as a framework for future arguments and coherent judicial decision-making. Zusammenfassung Employment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a resultof this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companiesto corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach cansuccessfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed toovercome the problems identified....
