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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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The Wrongful Termination of the Contract of Employment

The Wrongful Termination of the Contract of Employment

(p.537) 25 The Wrongful Termination of the Contract of Employment
The Contract of Employment

Alan Bogg

Mark Freedland

Oxford University Press

This chapter examines the historical development and contemporary landscape of wrongful dismissal (in which is included the idea of constructive dismissal) Wrongful dismissal in English law is based upon a nexus of ideas encompassing a limited contractual (rather than tortious) notion of wrongfulness, limited remedies and an ethos of ‘informal dispute resolution’. This involved the rejection of a broader, tort-based conception of wrongfulness. The origins of this narrowly contractual nexus are identified in the decision of the House of Lords in Addis v Gramophone Co in 1909. The chapter traces the persistence of this nexus in shaping and constraining the judicial development of wrongful dismissal throughout the twentieth and early twenty-first centuries. This provides a corrective to accounts of recent developments in wrongful dismissal law that focus on the role of the unfair dismissal legislation in inhibiting common-law developments.

Keywords:   wrongful dismissal, remedies, tort, constructive dismissal, unfair dismissal

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