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The Personal Employment Contract$
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Mark Freedland

Print publication date: 2005

Print ISBN-13: 9780199298631

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199298631.001.0001

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Performance and Breach

Performance and Breach

(p.197) 4 Performance and Breach
The Personal Employment Contract


Oxford University Press

This chapter focuses on the argument that distinctions between entire and divisible contracts, and between performance of work and readiness and willingness to work, provide a rather unsatisfactory set of techniques for the analysis and development of the relationship between performance, breach, and entitlement to remuneration and benefits in the modern practice of employment relations. It considers the shortcomings of those techniques with special reference to the area of entitlement to remuneration during absence due to sickness, and during periods when partial industrial action can be taken. It sketches an outline, based on recent case law, of an application of the proposed general principle of fair management and performance to the construction of the relationship between performance, remuneration, and benefits.

Keywords:   personal work contract, willingness to work, industrial action, performance, divisible contracts, breach, entitlement to remuneration, employment relations, fair management, benefits

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