Jump to ContentJump to Main Navigation
The Contract of Employment$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 December 2020

The Effect of Termination upon Post-Employment Obligations

The Effect of Termination upon Post-Employment Obligations

(p.561) 26 The Effect of Termination upon Post-Employment Obligations
The Contract of Employment

David Cabrelli

Oxford University Press

This chapter probes the interplay between the common-law rules governing the employment contract in post-employment mode and the obligations that continue to bind the employer and the employee when their relationship enters that particular phase. The argument is made that the obligations (i) imposed by the foundational wage-work bargain, and (ii) governing the ongoing and future performance of work, are erased post-employment. The analysis then turns to an exploration of the juridical nature of the obligations of the contracting parties that do continue when the employment contract has entered the post-employment phase. In the final section, the chapter underlines the vitality of public policy controls when the employment contract is in the post-employment stage, as mediated through the restraint of trade doctrine including restrictive covenants and garden leave. It is also shown how powerful that doctrine is when the employment contract is in the full employment mode.

Keywords:   restraint of trade, garden leave, post-employment, wage-work bargain, public policy

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .