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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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Duration, Lawful Termination, and Frustration of the Employment Contract

Duration, Lawful Termination, and Frustration of the Employment Contract

(p.515) 24 Duration, Lawful Termination, and Frustration of the Employment Contract
The Contract of Employment

David Cabrelli

Oxford University Press

This chapter emphasizes the pivotal role that the common-law rules on the implied duration and the termination of the contract of employment play in defining the essence and nature of that institution. With regard to the common law of termination, the chapter explains how key authorities such as Johnson, Eastwood, and Edwards do not preclude the addition of ‘just cause’ requirements to the unrestricted reasonable notice rule as a means of furnishing protection to employees falling outside the coverage of the statutory unfair dismissal regime. The chapter moves on to address other common-law rules in play in respect of the termination and frustration of the employment contract, e.g. those applying in the context of termination by the employer making a payment in lieu of notice, summary dismissal by the employer, resignation and retirement by the employee, and the expiry and non-renewal of a fixed-term employment contract.

Keywords:   duration, reasonable notice rule, resignation, retirement, summary dismissal, fixed-term, frustration

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