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The Contract of Employment$
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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

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Formation of the Contract of Employment

Formation of the Contract of Employment

Chapter:
(p.383) 18 Formation of the Contract of Employment
Source:
The Contract of Employment
Author(s):

Simon Deakin

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0018

The rules on the formation of the contract of employment in English law are idiosyncratic: English law allows the contract of employment to be agreed without written formalities, but then, through legislation, requires the employer to notify the employee of certain terms and conditions of employment in a written statement. The statement records the contract but is not synonymous with it, producing a divergence between the written particulars and the substance of the legally binding agreement. The terms of the contract are derived from multiple sources including collective agreements and work rules, but not, in principle, from the written statement itself. This divergence is bound up with the structure of the contract of employment, revealing the way that English law defines this fundamental juridical form, and the relationship between different sources of labour law.

Keywords:   formation, written statement, written particulars, sources of terms, collective agreement

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