Suchergebnisse

General introduction : aims, rationale, and methodology / Mark Freedland -- The legal structure of the contract of employment / Mark Freedland -- The exchange principle and the wage-work bargain / Mark Freedland and Simon Deakin -- The relationship between the Contract of Employment and Statute / ACL Davies -- The Contract of employment and collective labour law / Alan Bogg and Ruth Dukes -- The autonomy of the common law of the contract of employment from the general law of contract / Douglas Brodie -- Relational contracts / Douglas Brodie -- The contract of employment and the remedial dimension / Lizzie Barmes -- Human rights and the contract of employment / Hugh Collins and Virginia Mantouvalou -- Fragmenting work, fragmented regulation : the contract of employment as a driver of social exclusion / Einat Albin and Jeremias Prassl --The contract of employment and gendered work / Sandra Fredman and Judy Fudge -- The contract of employment, corporate law, and labour income / Wanjiru Njoya -- Developments in contract of employment jurisprudence in other common-law jurisdictions : a study of Australia -- A comparative reflection from Canada : a good faith perspective / Claire Mumme -- The definition of the contract of employment and its differentiation from other contracts and other work relations / Joellen Riley -- Employees, employers, and beyond : identifying the parties to the contract of employment / Jeremias Prassl and Einat Albin -- The contract of employment as an expression of continuing obligations / Nicola Countouris -- Formation of the contract of employment / Simon Deakin -- Illegality, public policy, and the contract of employment / Alan Bogg -- Terms inserted into the contract of employment by legislation / ACL Davies -- The content of contracts of employment : terms incorporated from collective agreements or from other sources / Astrid Sanders -- Implied terms in the contract of employment / Hugh Collins - Variation and suspension of the contract of employment and its terms / Nicola Countouris and Astrid Sanders -- Duration, lawful termination, and frustration of the employment contract / David Cabrelli -- The wrongful termination of the contract of employment / Alan Bogg and Mark Freedland -- The effect of termination upon post-employment obligations / David Cabrelli -- Intellectural property and the contract of employment / Jeremias Prassl -- Remedies for breach and for wrongful dismissal / Lizzie Barmes -- The contract of employment in its international and European law setting / Louise Merrett

Written by a team of world-leading experts, this work sets the contract of employment in its theoretical context and provides a detailed doctrinal analysis of the subject. An ambitious and comprehensive treatise, this book will be the primary reference for practitioners and academics in the field

The narrow definition of contract of employment developed by the common law tests has given room for employers to avoid protective legislation for the people that work for them. In the current economic climate that we face today, the impact of globalisation and the UK government's response to the 2008 economic crash has made this problem far worse that it has been at other points in history. This deep, structural problem requires Parliamentary intervention as the courts have failed to reform the definition of the contract of employment effectively. This article will assess the role of Parliament and the judiciary and discuss which institution should take the primary role in reform of the contract of employment.