The Contract of Employment
Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl
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. ... More
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.
Keywords:
employment contract,
formation,
collective bargaining terms and conditions,
termination,
contractual remedies
Bibliographic Information
Print publication date: 2016 |
Print ISBN-13: 9780198783169 |
Published to Oxford Scholarship Online: August 2016 |
DOI:10.1093/acprof:oso/9780198783169.001.0001 |
Authors
Affiliations are at time of print publication.
Mark Freedland, editor
Emeritus Professor of Employment Law, University of Oxford and St John's College Oxford
Alan Bogg, editor
Professor of Labour Law, University of Oxford and Hertford College Oxford
David Cabrelli, editor
Senior Lecturer in Commercial Law, University of Edinburgh
Hugh Collins, editor
Vinerian Professor of English Law, University of Oxford and All Souls College Oxford
Nicola Countouris, editor
Professor of Labour Law, University College London
A.C.L. Davies, editor
Professor of Law and Public Policy and Dean of the Faculty of Law, University of Oxford and Brasenose College Oxford
Simon Deakin, editor
Professor of Law and Director of Research in the Faculty of Law, University of Cambridge and Peterhouse College Cambridge
Jeremias Prassl, editor
Professor of Law, the University of Oxford and Magdalen College
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