Anne Davies is Professor of Law and Public Policy and a Fellow of Brasenose College. She studied at Oxford, completing the BA (winning the Gibbs and Martin Wronker Prizes) and the D.Phil. She was a Prize Fellow at All Souls College from 1995 to 2001, and the Garrick Fellow and Tutor in Law at Brasenose College from 2001 to 2015. From 2015-2020 she was Dean of the Oxford Law Faculty.
Professor Davies is the author of five books and numerous articles in the fields of public law and labour law. In public law, she has a particular interest in government contracts. Her D.Phil. thesis examined the phenomenon of contractualisation in the UK National Health Service from a public law perspective. She developed this research into a book entitled Accountability: A Public Law Analysis of Government by Contract which was published by Oxford University Press in 2001. Her book The Public Law of Government Contracts, a wider examination of public procurement and public/private partnership contracts from a public law perspective, was published by OUP in 2008. She continues to write about government contracts and public service delivery more generally, and chairs the Procurement of Government Outcomes network for the Blavatnik School of Government at Oxford.
In labour law, Professor Davies is the author of three texts: Perspectives on Labour Law, published by Cambridge University Press in the Law in Context series in 2004, with a second edition in 2009, EU Labour Law, published by Elgar in 2012, and Employment Law, published by Pearson in 2015. Her interests in the labour law field are wide-ranging, encompassing international, European and domestic law. Some of her current research projects focus on working time and casual work, and stress at work.
Professor Davies gives lectures in Labour Law and Administrative Law for undergraduates and co-teaches the BCL/M.Jur. course in Human Rights at Work. She is pleased to consider applications from prospective research students in any of her areas of interest.
Professor Davies is an independent member of the Council of the Advisory, Conciliation and Arbitration Service (ACAS), and a member of the Advisory Panel to the Welsh Language Commissioner.
- DOI: https://doi.org/10.1080/09615768.2020.1790820DOI: https://doi.org/10.1093/indlaw/dwz005In this chapter, I seek to defend the idea that governments should be permitted to engage in procurement markets in socially responsible ways. From this perspective, while the decision of the CJEU in RegioPost is to be welcomed for creating greater scope to use minimum wage conditions in government contracts, the reasoning in the case falls some way short of a proper understanding of social goals in public procurement, with the result that EU law continues to over-regulate this aspect of government activity to the detriment of national autonomy.DOI: 10.1017/S1574019618000068DOI: https://doi.org/10.1093/indlaw/dwx029DOI: https://doi.org/10.1093/indlaw/dwy023There are many different situations in which the law requires a determination of whether an individual can be said to be ‘working’: to determine his or her status as an ‘employee’ or ‘worker’, to decide his or her entitlement to contractual pay, to assess his or her entitlement to the National Minimum Wage and to distinguish working time from ‘rest periods’ for the purposes of working time legislation. Where the individual is engaged in core work tasks at the workplace, it is straightforward to say that he or she is ‘working’. However, it will be argued in this article that there is a significant problem of ‘availability’: where workers are not actively engaged in core work tasks at the workplace, but are not fully at liberty either. This might be because they are waiting to be offered work or ‘on call’ in case of emergencies, for example. This ‘available’ time is often not recognised by the law as ‘work’, with the result that the workers in question may miss out on pay, employment rights and proper rest breaks. The article maps the problem of ‘availability’, arguing that it strikes at the heart of how labour lawyers think about employment relationships, and suggests an alternative analysis.ISBN: 0305-9332This chapter offers an overview of Public Private Partnerships in English law for readers from other jurisdictions, with a particular focus on public law dimensions.A comprehensive textbook on individual and collective employment law.ISBN: 978-1-4082-6360-0ISBN: 978-1-84946-124-5This article examines the Health and Social Care Act 2012 and associated reforms to the National Health Service in England. It focuses on the Acts policy of making the NHS market more real, by both encouraging and compelling NHS bodies to act as market players. The article considers whether the reforms are compatible with the constitutional requirements of accountability for the provision of a public service such as the NHS. I argue that the reforms threaten accountability for three reasons: they make the Secretary of State for Healths relationship with the NHS more complex, they create opaque networks of non-statutory bodies which may influence NHS decision-making, and (especially in relation to competition) they juridify policy choices as matters of law. Taken together, these arguments suggest that there is force in the claim that the reforms will contribute to creeping and thus unaccountable - privatisation of the NHS.ISBN: 0026-7961EU Labour Law is a concise, readable and thought-provoking introduction to the labour and employment law of the European Union. The book explores the subjects major policy themes, examines the various procedures by which EU labour law is made, and analyses key topics such as worker migration, equality, working time and procedures for workers participation in employers decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labour law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU.ISBN: 9781848449985In recent years, labour law has been going through a period of deep introspection. Some commentators have gone so far as to pronounce the subject dead. One reason for the crisis is the realisation that labour law has the potential to exacerbate divisions between different groups in the workforce: between the employed and the unemployed, between those with stable jobs and those with atypical jobs, between local workers and migrant workers, and so on. The interests of labour are not, in reality, a unified set of interests to be pitted against those of capital. Whilst other writers are beginning to explore this set of issues at the policy level, the aim of this essay is to consider how the law addresses conflicts between workers on particular occasions and in particular workplaces, and to begin the task of mapping out this relatively neglected dimension of the subject on a more practical level.ISBN: 0070-1998ISBN: 1528-8870An analysis of the UK's implementation of the Temporary Agency Work Directive.ISBN: 2013-9525Text of a lecture delivered at the Siebtes Göttinger Forum zum Arbeitsrecht, Georg-August- Universität GöttingenAn exploration of the concept of 'deference' in the public law literature as applied to labour law cases.ISBN: 0305-9332Discussion of the government's initial proposals for the implementation of the Temporary Agency Work Directive.An exploration of human rights and economics perspectives on labour law.ISBN: 978-0-521-72234-6Analysis of the development of the definition of 'sham' in the Protectacoat case, comparing it to the lease/licence case-law.This book analyses the law relating to government contracts from a public law perspective.ISBN: 978-0-19-928739-0ISBN: 18653030DOI: 10.1093/indlaw/dwn001ISBN: 03059332Article analysing recent reforms in the primary care sector in the NHS from a public law perspective.ISBN: 0961-5768DOI: 10.1093/indlaw/dwl043Elaborates on Mark Freedland's work on the contract for intermittent employment in his book, The Personal Employment Contract.ISBN: 0305-9332DOI: 10.1093/indlaw/dwl015Casenote on Cornwall CC v Prater (CA)ISBN: 0305 9332Discussion of some of the ultra vires problems surrounding government contracts.ISBN: 1-84113-635-2Discussion of some of the problems with the English law of government contracts, for a French audience.ISBN: 0763-1219Casenote on Cornwall CC v Prater, in Italian!DOI: 10.1093/indlaw/dwj004Commentary/extended casenote on Viking Line v ITF.ISBN: 0305 9332ISBN: 0023-933XThis chapter in a volume of the Collected Courses of the Academy of European Law is based on a lecture series I gave at the European University Institute in Florence. It considers the EU's current role in the regulation of collective labour rights both internally and externally, and argues that the EU should have the power to set minimum standards for collective labour rights in the Member States.ISBN: 0-19-928106-8Questions whether the government's proposals to create NHS Foundation Trusts will succeed in their aim of giving hospitals greater autonomy from Department of Health control.ISBN: 0033-3565ISBN: 0521605237ISBN: 0033-3565DOI: 10.1093/jiel/3.1.43Sets out a 'map' of the issues arising in the relationship between international economic law and international labour rights.ISBN: 1 84113 217 9ISBN: 019 829948 6Casenote on Osman v UK in the ECtHRISBN: 0421 755 407DOI: 10.1093/jiel/3.1.43Discusses the tension between international trade and labour rights and considers various models for addressing this tension.ISBN: 1369-3034DOI: 10.1093/ojls/20.3.437This article examines recent developments in the regulation of the medical profession, focusing in particular on the regulation of doctors working in the NHS. It critiques the government's more interventionist approach to regulation in the light of the socio-legal literature on effective regulatory strategies.ISBN: 0143-6503A discussion of the role of sanctions in regulation, drawing on my empirical research on National Health Service contracts.ISBN: 0-19-826881-5
Public Law, Labour Law
Options taughtAdministrative Law, European Union Law, Constitutional Law (Senior Status), Human Rights Law, Labour Law, Medical Law and Ethics (FHS), Regulation
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