The Contract of Employment
The Contract of Employment
Associate Professor of Law
Cite
Abstract
The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides a comprehensive treatise on the theoretical and doctrinal aspects of the English law of the contract of employment in the common law world. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment, which progresses from the formation of the contract through its content or terms and conditions to its termination and post-employment obligations, and to the remedies for its breach and wrongful termination. The legal analysis seeks to be informed by a keen sense of the modern labour market context of the contract of employment, and to be sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining.
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Front Matter
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Part I The General Part—Structures and Themes
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1
General Introduction—Aims, Rationale, and Methodology
Mark Freedland
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2
The Legal Structure of the Contract of Employment
Mark Freedland
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3
The Exchange Principle and the Wage-Work Bargain
Mark Freedland andSimon Deakin
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4
The Relationship between the Contract of Employment and Statute
Acl Davies
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5
The Contract of Employment and Collective Labour Law
Alan Bogg andRuth Dukes
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6
The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract
Douglas Brodie
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7
Relational Contracts
Douglas Brodie
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8
The Contract of Employment and the Remedial Dimension
Lizzie Barmes
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9
Human Rights and the Contract of Employment
Hugh Collins andVirginia Mantouvalou
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10
Fragmenting Work, Fragmented Regulation: The Contract of Employment as a Driver of Social Exclusion
Einat Albin andJeremias Prassl
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11
The Contract of Employment and Gendered Work
Sandra Fredman andJudy Fudge
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12
The Contract of Employment, Corporate Law, and Labour Income
Wanjiru Njoya
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13
Developments in Contract of Employment Jurisprudence in Other Common-Law Jurisdictions: A Study of Australia
Joellen Riley
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14
A Comparative Reflection from Canada—A Good Faith Perspective
Claire Mummé
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1
General Introduction—Aims, Rationale, and Methodology
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Part II The Specific Part—Areas and Doctrines
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15
The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations
Joellen Riley
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16
Employees, Employers, and Beyond: Identifying the Parties to the Contract of Employment
Jeremias Prassl andEinat Albin
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17
The Contract of Employment as an Expression of Continuing Obligations
Nicola Countouris
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18
Formation of the Contract of Employment
Simon Deakin
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19
Illegality, Public Policy, and the Contract of Employment
Alan Bogg
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20
Terms Inserted into the Contract of Employment by Legislation
Acl Davies
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21
The Content of Contracts of Employment—Terms Incorporated from Collective Agreements or from Other Sources
Astrid Sanders
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22
Implied Terms in the Contract of Employment
Hugh Collins
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23
Variation and Suspension of the Contract of Employment and its Terms
Nicola Countouris andAstrid Sanders
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24
Duration, Lawful Termination, and Frustration of the Employment Contract
David Cabrelli
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25
The Wrongful Termination of the Contract of Employment
Alan Bogg andMark Freedland
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26
The Effect of Termination upon Post-Employment Obligations
David Cabrelli
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27
Intellectual Property and the Contract of Employment
Jeremias Prassl
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28
Remedies for Breach and for Wrongful Dismissal
Lizzie Barmes
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29
The Contract of Employment in its International and European Law Setting
Louise Merrett
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15
The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations
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End Matter
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January 2025 | 10 |
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February 2025 | 1 |
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February 2025 | 2 |
February 2025 | 2 |
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February 2025 | 4 |
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February 2025 | 1 |
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February 2025 | 9 |
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February 2025 | 3 |
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February 2025 | 2 |
February 2025 | 2 |
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February 2025 | 1 |
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February 2025 | 5 |
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March 2025 | 2 |
March 2025 | 6 |
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March 2025 | 84 |
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March 2025 | 1 |
March 2025 | 2 |
March 2025 | 11 |
March 2025 | 1 |
March 2025 | 15 |
April 2025 | 1 |
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April 2025 | 49 |
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April 2025 | 2 |
April 2025 | 5 |
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April 2025 | 71 |
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April 2025 | 9 |
April 2025 | 35 |
April 2025 | 8 |
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April 2025 | 66 |
April 2025 | 6 |
April 2025 | 10 |
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