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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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Terms Inserted into the Contract of Employment by Legislation

Terms Inserted into the Contract of Employment by Legislation

Chapter:
(p.427) 20 Terms Inserted into the Contract of Employment by Legislation
Source:
The Contract of Employment
Author(s):

Acl Davies

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0020

This chapter examines the express insertion of terms into contracts of employment by statute. There are three significant examples of this: statutory rights to notice of termination, the equality clause governing equal pay between men and women, and the entitlement to be paid at least the national minimum wage. All three have in common the desire to draw on the contract of employment for reasons of convenience in relation to enforcement. The chapter also considers the possibility that the courts might give contractual effect to statutory rights even where they are not expressly formulated as contract terms focusing in particular on the decision of the High Court in Barber v RJB Mining (UK) Ltd in the context of working time.

Keywords:   Statute, notice, equal pay, national minimum wage, enforcement, Barber

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