The Contract of Employment

by Freedland, Mark; Bogg, Alan; Cabrelli, David; Collins, Hugh; Countouris, Nicola; Davies, A.C.L.; Deakin, Simon; Prassl, Jeremias

• ISBN13: 9780198783169
• ISBN10: 0198783167
• Format: Hardcover
• Copyright: 2016-07-26
• Publisher: Oxford University Press

Summary

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 the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. 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.
The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is 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. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.

Author Biography

Mark Freedland, Emeritus Professor of Employment Law, University of Oxford and St John's College Oxford,Alan Bogg, Professor of Labour Law, University of Oxford and Hertford College Oxford,David Cabrelli, Senior Lecturer in Commercial Law, University of Edinburgh,Hugh Collins, Vinerian Professor of English Law, University of Oxford and All Souls College Oxford,Nicola Countouris, Professor of Labour Law, University College London,A.C.L. Davies, Professor of Law and Public Policy and Dean of the Faculty of Law, University of Oxford and Brasenose College Oxford,Simon Deakin, Professor of Law and Director of Research in the Faculty of Law, University of Cambridge and Peterhouse College Cambridge,Jeremias Prassl, Professor of Law, the University of Oxford and Magdalen College

Table of Contents

PART I. THE GENERAL PART - STRUCTURES AND THEMES
1. General Introduction, Mark Freedland
2. The Legal Structure of the Contract of Employment, Mark Freedland
3. The Exchange Principle and the Wage-Work Bargain, Mark Freedland and Simon Deakin
4. The Relationship between the Contract of Employment and Statute, A.C.L. Davies
5. The Contract of Employment and Collective Labour Law, Alan Bogg and Ruth Dukes
6. The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract, Douglas Brodie
7. Relational Contracts, Douglas Brodie
8. The Contract of Employment and the Remedial Dimension, Lizzie Barmes
9. Human Rights and the Contract of Employment, Hugh Collins and Virginia Mantouvalou
10. Fragmenting Work, Fragmented Regulation: The Contract of Employment as a Driver of Social Exclusion, Einat Albin and Jeremias Prassl
11. The Contract of Employment and Gendered Work, Sandra Fredman and Judy Fudge
12. The Contract of Employment, Corporate Law, and Labour Income, Wanjiru Njoya
13. Developments in Contract of Employment Jurisprudence in Other Common Law Jurisdictions: A Study of Australia, Joellen Riley
14. A Comparative Reflection from Canada: A Good Faith Perspective, Claire Mumme
PART II. THE SPECIFIC PART - AREAS AND DOCTRINES
15. The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations, Joellen Riley
16. Employees, Employers, and Beyond: Identifying the Parties to the Contract of Employment, Jeremias Prassl and Einat Albin
17. The Contract of Employment as an Expression of Continuing Obligations, Nicola Countouris
18. Formation of the Contract of Employment, Simon Deakin
19. Illegality, Public Policy, and the Contract of Employment, Alan Bogg
20. Terms Inserted into the Contract of Employment by Legislation, A.C.L. Davies
21. The Content of Contracts of Employment: Terms Incorporated from Collective Agreements or from Other Sources, Astrid Sanders
22. Implied Terms in the Contract of Employment, Hugh Collins
23. Variation and Suspension of the Contract of Employment and its Terms, Nicola Countouris and Astrid Sanders
24. Duration, Lawful Termination, and Frustration of the Employment Contract, David Cabrelli
25. The Wrongful Termination of the Contract of Employment, Alan Bogg and Mark Freedland
26. The Effect of Termination upon Post-Employment Obligations, David Cabrelli
27. Intellectual Property and the Contract of Employment, Jeremias Prassl
28. Remedies for Breach and Wrongful Dismissal, Lizzie Barmes
29. The Contract of Employment in its International and European Law Setting, Louise Merrett