The Contract of Employment

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.

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