Biography

 

Jeremias read law at Corpus Christi College, Oxford and the University of Paris II (MA) as well as Harvard Law School (LL.M.) before returning to complete an AHRC-funded DPhil at Magdalen College, Oxford (2010-12). Prior to his election to a Fellowship at Magdalen, he was a Supernumerary Fellow of St John’s College, Oxford (2011-14), and a Stipendiary Lecturer at Jesus College (2010-11). Jeremias has also held visiting research or lecturing positions at Columbia Law School, New York; the Max Planck Institute, Hamburg; and University College, London. Since 2014, he has also been a Research Fellow at the Faculty's Institute for European and Comparative Law (IECL).

Jeremias teaches Constitutional Law and EU Law at Magdalen, as well as Labour Law and Corporate Law for the Faculty. In 2013, he was awarded the University’s Teaching Excellence Award in the Social Sciences Division.

Jeremias’ principal research interests are in the fields of Employment Law, Corporate Law, and European Union Law (with a particular focus on Civil Aviation). In Employment Law, he focuses on the regulation of fragmenting labour markets—from outsourcing to Private Equity—and comparative research into European employment law in times of crisis (funded by the European Commission through INLACRIS), as well as consulting on projects for the International Labour Organisation (ILO).

His work in European law includes co-editing the EU Law in the Member States Series (Hart | Bloomsbury Publishing; with Michal Bobek), exploring the reception and implementation of EU-level norms across different Member States. In Civil Aviation, Jeremias is particularly interested in the interaction of the Montreal Convention of 1999 and EU Regulation 261/2004 in shaping the future of passenger rights. He serves on the committee of the Royal Aeronautical Society’s Air Law Group.

In 2015, Jeremias received a British Academy Rising Star Engagement Award to further his work in European Employment Law.

Publications

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  • J Prassl and E Albin, 'Employees, Employers, and Beyond: Identifying the Parties to the Contract of Employment' in M Freedland et al (ed), The Contract of Employment (OUP 2016)
  • E Albin and J Prassl, 'Fragmenting Work, Fragmented Regulation: The Contract of Employment as a Driver of Social Exclusion' in M Freedland et al (ed), The Contract of Employment (OUP 2016)
  • J Prassl, 'Intellectual Property and the Contract of Employment' in M Freedland et al (ed), The Contract of Employment (OUP 2016)
  • J Prassl, 'Tackling Diversity Through Uniformity? Revisiting the Reform of Regulation 261/2004' in M Bobek and J Prassl (eds), EU Law in the Member States: Air Passenger Rights, Ten Years on (Hart 2016)
  • M Freedland (General Editor), A Bogg, D Cabrelli, H Collins, N Countouris, A Davies, S Deakin and J Prassl (eds), The Contract of Employment (OUP 2016)
  • J Prassl and M Risak, 'Uber, TaskRabbit, and Co.: Platforms as Employers? Rethinking the Legal Analysis of Crowdwork' (2016) 37 Comparative Labor Law and Policy Journal 619
    One of the key assumptions underpinning the rise of ‘crowdsourced work’ – from transport apps including Uber to online platforms such as Amazon’s Mechanical Turk – is the assertion put forward by most platforms that crowdworkers are self-employed, independent contractors. As a result, individuals might find themselves without recourse to worker-protective norms, from minimum wage and working time law to health and safety regulations and unfair dismissal protection. But is this account accurate? In this paper, we hope to challenge prevailing assumptions, arguing that in certain scenarios crowdworkers can, and should, be classified as workers within the scope of domestic employment law. The approach proposed, however, is an initially counterintuitive one: we advocate the adoption of a functional concept of the employer as a regulatory solution to crowdwork employment, with platforms, crowdworkers, and service users each shouldering their appropriate share of employer responsibilities.
  • J Prassl, The Concept of the Employer (OUP 2015)
    Reviewed: D Cabrelli (2016) 79 MLR 364; B Jones (2016) 132 LQR 167; J Fudge (2016) 45 ILJ 270; M Risak (2016) 3 Zeitschrif für Arbeits- und Sozialrecht 199; DM Cairós Barreto (2015) 10 Revista Trabajo y Derecho 134; L Ratti (2016) 148 Giornale di Diritto del Lavoro e di Relazioni Industriali 581; C Fenwick (2016) 155 International Labour Review 164;

    Reprinted with corrections (2015); Paperback (2016 forthcoming)


    Employment law struggles to adapt to complex modern work arrangements, from agency work and service companies to corporate groups and Private Equity investors. This book argues that the cause of this failure can be found in our concept of the employer, which has become riddled with internal contradictions: English law searches for the unitary counterparty to a bilateral contract of employment by reference to a series of multi-functional tests. As a result of this tension, full employment law coverage is restricted to the narrow scenario where a single legal entity exercises all employer functions⎯a paradigm far from the fragmented reality of modern labour markets.

    These problems can only be addressed by a careful reconceptualization leading to the development of a functional concept of the employer. The book draws on existing models in English 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 strand of the received concept of the employer is examined in turn to demonstrate how this more openly multifunctional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. The book fills a crucial gap in employment law and corporate law by exposing the defects in our current understanding of the employer and by developing a new functional concept appropriate for both traditional and emerging work arrangements.
    ISBN: 978-0-19-873553-3
  • M Freedland and J Prassl, 'Chapter 40: Employment' in H Beale (ed), Chitty on Contracts (Sweet & Maxwell 2015)
  • J Prassl, 'Autonomous Concepts in Labour Law? The Complexities of the Employing Enterprise Revisited' in A Bogg, C Costello, ACL Davies, and J Prassl (eds), The Autonomy of Labour Law (Hart|Bloomsbury 2015)
  • J Prassl, 'Business Freedoms and Employment Rights in the European Union' (2015) 17 Cambridge Yearbook of European Legal Studies 189
    DOI: 10.1017/cel.2015.9
    In this article, I explore the substance and operation of Article 16 of the European Union’s Charter of Fundamental Rights, which recognises ‘the freedom to conduct a business’, in order to determine the extent to which the constitutionalisation of commer- cial interests as fundamental rights could pose a threat to the Union’s worker-protective acquis. Having surveyed three important Directives which regulate employees’ rights in transfers of undertakings, collective redundancies, and the organisation of working time, I argue that future challenges based on Article 16 CFR are unlikely to succeed: even in situations where the Directives limit employers’ economic freedoms, such interfer- ence is justified and proportionate.
  • J Prassl, 'Employee Shareholder ‘Status’: Dismantling the Contract of Employment' in S Willborn and AC Neal (eds), Yearbook of Comparative Labour Law Scholarship 2014 (Lancaster House 2015)
    Reprint of J Prassl (2013) 42 ILJ 307
  • A Bogg, C Costello, A Davies and J Prassl, 'Introduction: Exploring Autonomy' in A Bogg, C Costello, ACL Davies, and J Prassl (eds), The Autonomy of Labour Law (Hart | Bloomsbury 2015)
  • A Adams and J Prassl, 'Labour Legislation and Evidence-Based Public Policy: A Case Study' in A Blackham and A Ludlow (eds), New Frontiers in Empirical Labour Law Research (Hart | Bloomsbury 2015)
    ISBN: 9781849466783
  • J Prassl, 'Les seuils sociaux en Europe: Royaume-Uni' (2015) Revue de Droit du Travail 215
  • J Prassl, 'Liberalisation, Information, and Transparency: Three Tales of Consumer Protection in EU Aviation Law' (2015) 11 European Review of Contract Law 281 [Case Note]
  • J Prassl, 'Resocialising Europe in a Time of Crisis (Countouris & Freedland); Voices at Work (Bogg & Novitz)' (2015) 131 LQR 328 [Review]
  • A Adams, M Freedland and J Prassl, 'The 'Zero-Hours Contract': Regulating Casual Work, or Legitimating Precarity?' (2015) Giornale di Diritto del Lavoro e di Relazioni Industriali 529
  • A Bogg, C Costello, A Davies and J Prassl (eds), The Autonomy of Labour Law (Hart | Bloomsbury 2015)
    Reviewed: B Mak (2015) 44 ILJ 289; R Dukes (2015) CLL&PJ 223; A Morton (2016) 54 BJIR 451;

    To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.
    ISBN: 9781849466219
  • J Prassl, 'The European Convention on Human Rights and the Employment Relation, edited by Filip Dorssemont, Klaus Lörcher, and Isabelle Schömann' (2015) 40 ELRev 299 [Review]
  • A Adams, M Freedland and J Prassl, The Zero-Hours Contract: Regulating Casual Work, or Legitimating Precarity? (Oxford Legal Studies Research Paper 00/2015 | ELLN Research Paper 05/2015 2015)
    Zero-Hours Contracts have become one of the most high-profile employment law issues of recent years. In this article, we analyse the legal and empirical evidence of work under Zero-Hours arrangements and suggest that whilst a legal engagement with Zero-Hours Contracts as an unresolved labour market problem is long overdue, the current discourse surrounding these work arrangements is fundamentally flawed: there is no such thing as the Zero-Hours Contract as a singular category; the label serves as no more than a convenient shorthand for masking the explosive growth of precarious work for a highly fragmented workforce. Ongoing attempts at regulating Zero-Hours Contracts thus constitute a significant shift towards the normalisation of all but the most extreme forms of abusive employment arrangements, leaving a rapidly increasing number of workers without recourse to employment protective norms. In concluding, we indicate ways towards a more coherent approach to the de-normalisation and progressive regulation of this large and growing set of casual work arrangements. Also published as ELLN Research Paper 05/2015 at http://www.labourlawnetwork.eu/frontend/file.php?id=769&dl=1 (ISSN 2197-1102)
    ISBN: ISSN 2197-1102
  • A Adams, M Freedland and J Prassl, 'The “Zero-Hours Contract”: Regulating Casual Work, or Legitimating Precarity?' (2015) 147 Giornale di Diritto del Lavoro e di Relazioni Industriali 529
    Zero-Hours Contracts have become one of the most high-profile employment law issues of recent years. In this article, we analyse the legal and empirical evidence of work under Zero-Hours arrangements and suggest that whilst a legal engagement with Zero-Hours Contracts as an unresolved labour market problem is long overdue, the current discourse surrounding these work arrangements is fundamentally flawed: there is no such thing as the Zero-Hours Contract as a singular category; the label serves as no more than a convenient shorthand for masking the explosive growth of precarious work for a highly fragmented workforce. Ongoing attempts at regulating Zero-Hours Contracts thus constitute a significant shift towards the normalisation of all but the most extreme forms of abusive employment arrangements, leaving a rapidly increasing number of workers without recourse to employment protective norms. In concluding, we indicate ways towards a more coherent approach to the de-normalisation and progressive regulation of this large and growing set of casual work arrangements.
  • J Prassl and B Jones, 'Verpflichtende Außergerichtliche Vermittlungsverfahren im Englischen Arbeitsrecht: ein erster Erfahrungsbericht' (2015) 28 Zeitschrift für Konflikt-Management 36
  • M Freedland and J Prassl (eds), EU Law in the Member States: Viking, Laval and Beyond (Hart 2014)
    Reviewed: N Reich (2015) 52 CMLRev 1135; A Ludlow (2015) 74 CLJ 361; JS Bergé [2015] RTDEur xv; S Lachnit et al (2015) 5 SEW 266; C Unseld (2016) EULawBlog; R Zahn (2016) 41 ELRev 440.

    EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice.

    The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/04 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

    ISBN: 9781849466240
  • J Prassl, '"All in it Together?" Labour Markets in Crisis' (2014) 1 Hungarian Labour Law E-Journal 23
  • J Prassl, '"Mindannyiunkat egyformán érint?” Az Egyesült Királyság koalíciós kormányának munkaerő-piaci reformjai' (2014) 1 Magyar Munkajog E-Folyóirat 26
  • J Prassl, 'Compensation for Delayed Rail Journeys: EU Passenger Rights on Track. Case C-509/11 ÖBB Personenverkehr AG' (2014) 4 Transportrecht 158 [Case Note]
  • J Prassl, 'Contingent Crises, Permanent Reforms: Rationalising Labour Market Reforms in the European Union' (2014) 5 ELLJ 211
  • J Prassl, 'EU Aviation Law before the English Courts: Dawson, Huzar, and Regulation 261/2004' (2014) 39 Air & Space Law 365
  • J Prassl, 'Lex Orandi, Lex Credendi' in R Klugseder (ed), Cantare Amantis Est, Festschrift zum 60. Geburtstag von Franz Karl Prassl (Hollinek 2014)
  • J Prassl, 'L’emploi multilatéral en droit anglais' (2014) 4 Revue de Droit du Travail 236
  • J Prassl, 'Members, Partners, Employees, Workers? Partnership Law and Employment Status revisited. Clyde & Co LLP v Bates van Winkelhof' (2014) 43 ILJ 495 [Case Note]
  • J Prassl, 'Montreal Convention Exclusivity and EU Passenger Rights: “Exposing a Grave Injustice” Stott v Thomas Cook' (2014) LQR 538 [Case Note]
  • J Prassl, 'Reforming Air Passenger Rights in Europe' (2014) 39 Air & Space Law 59
  • J Prassl, 'The United Kingdom' in B Waas (ed), The Right to Strike: A Comparative View (Kluwer 2014)
    ISBN: 9041150072
  • J Prassl, 'Three Dimensions of Heterogeneity: An Overview of Member State Experiences' in M Freedland and J Prassl (eds), EU Law in the Member States: Viking, Laval and Beyond (Hart 2014)
  • J Prassl and M Freedland, 'Viking, Laval and Beyond: An Introduction' in M Freedland and J Prassl (eds), EU Law in the Member States: Viking, Laval and Beyond (Hart 2014)
  • J Prassl, 'Die Suche nach dem Arbeitgeber im Englischen Recht' (2013) Europäische Zeitschrift für Arbeitsrecht 472
  • J Prassl, 'Employee Shareholder "Status"? Dismantling the Contract of Employment' (2013) 42 ILJ 307
  • J Prassl, 'Implementing the New Employee-Shareholder Status' (2013) SJ 9
  • J Prassl, Regulating Sub-Contracting Through a Functional Definition of the Employer (NELP/AFL-CIO 2013)
  • J Prassl and M Freedland, 'Resolving Ownership Invention Disputes: Limitations of the Contract of Employment' in M Pittard (ed), Business Innovation – A Legal Balancing Act (Elgar 2013)
  • J Prassl, 'Tale of (Un?)Intended Consequences: Das Vereinigte Königreich in der Krise' (2013) 49 Gesellschaft & Politik 97
  • S Bright, H Glover and J Prassl, 'Tenancy Agreements' in E Simpson and M Stewart (eds), Sham Transactions (OUP 2013)
  • J Prassl, 'The European Union and The Montreal Convention: A New Analytical Framework' (2013) 12 Issues in Aviation Law and Policy 381
  • J Prassl, 'The Notion of the Employer' (2013) 129 LQR 380
  • J Prassl, 'Third Time Lucky? The Proposed Employee-Shareholder Status' (2013) SJ 19
  • J Prassl, 'A Kingdom No Longer United?' in B Karl et al (ed), Steirisches Jahrbuch für Politik (Schnider 2012)
  • J Prassl, 'Industrial Action at British Airways: A Case Study' (2012) 11 Contemporary Issues in Law 113
  • J Prassl and B Havel, 'Reforming Civil Aviation Regulation in the United Kingdom: The Civil Aviation Bill 2011-12' (2012) 11 IALP 1 [Case Note]
  • N Countouris, M Freedland and J Prassl, 'Social and Labour Law after the Financial Crisis: The UK' in S Laulom and E Mazuyer (eds), Le Droit Social des États Européens Après la Crise (Larcier 2012)
  • J Prassl, 'Interpreting Employment Protective Legislation: Gysda Cyf v Barrett' (2011) 40 ILJ 103 [Case Note]
  • J Prassl, 'To Strike, To Serve? British Airways v Unite the Union (Nos 1&2)' (2011) 40 ILJ 82 [Case Note]
  • J Prassl and B Gardner, 'Constitutional Resettlement and Popular Sovereignty: A Caribbean Experience' (2009) 4 Justicia - Tijdschrift voor Antilliaans Recht 259
  • J Prassl, 'Quistclose Trusts: In Search of Coherent Answers' (2007) 3 CSLR 51

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Research Interests

Employment Law, EU Law, Corporate Law and Finance, Civil Aviation

Options taught

European Union Law, Company Law, Labour Law

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