Koukiadaki, Aristea (2008) Reflexive regulation and the development of capabilities : the impact of the 2002/14/EC Directive on information and consultation of employees in the UK. PhD thesis, University of Warwick.

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Abstract

The research evaluates the pattern of change in the field of employee representation in
the UK as influenced by the transposition and implementation of the Directive
2002/14/EC establishing a general framework for informing and consulting
employees in the European Community and to relate this analysis to the impact of
legislation in the field of labour law and industrial relations through the location of
managerial and labour practice in implementing and handling the information and
consultation arrangements. Theoretically, the thesis draws on the theory of reflexive
law (Teubner, 1993; Barnard and Deakin, 2002) and on the capabilities approach
(Sen, 1999), which has recently emerged in political economy. Empirically, it
combines textual analysis, interviews with key actors, a questionnaire survey of
companies and in-depth case studies in a few organizations in the business services
and the financial sectors. The research aims to move beyond the traditional socio-legal
concepts and methods to incorporate insights from the institutional and political
economy frames of analysis commonly deployed in the field of industrial relations,
and from its tradition of empirical enquiry rooted in field-based qualitative research
methods.
In diverging from existing UK social norms and conventions a new role for the two
sides of industry, CBI and TUC, was created that assisted in the development of the
national legislation transposing the directive and led to a re-conceptualization of the
EU-level norms, as stipulated by the directive, concerning information and
consultation of employees. Whilst the introduction of national legislation drove to
some extent the spread of voluntary arrangements, albeit at the instigation of
management, there was not much evidence that the 'standard provisions' of the UK
Regulations promoted institutional experimentation or to a new framework for a
process of learning, participation and capabilities for voice. This was down to the
nature of the legal obligations, the efficacy of the enforcement mechanisms and the
degree to which extra-legal resources, mainly trade union organization, were utilized.

Item Type:	Thesis (PhD)
Subjects:	H Social Sciences > HD Industries. Land use. Labor K Law [LC] > KD England and Wales
Library of Congress Subject Headings (LCSH):	Industrial relations -- Great Britain, Labor laws and legislation -- Great Britain, Law -- Great Britain -- European influences
Official Date:	March 2008
Dates:	Date Event March 2008 Submitted
Institution:	University of Warwick
Theses Department:	Warwick Business School
Thesis Type:	PhD
Publication Status:	Unpublished
Supervisor(s)/Advisor:	Terry, Michael, 1948- ; Marginson, Paul
Sponsors:	Economic and Social Research Council (Great Britain) (ESRC) ; Warwick Business School
Extent:	284 leaves
Language:	eng

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