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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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The Wrongful Termination of the Contract of Employment

The Wrongful Termination of the Contract of Employment

Chapter:
(p.537) 25 The Wrongful Termination of the Contract of Employment
Source:
The Contract of Employment
Author(s):

Alan Bogg

Mark Freedland

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0025

This chapter examines the historical development and contemporary landscape of wrongful dismissal (in which is included the idea of constructive dismissal) Wrongful dismissal in English law is based upon a nexus of ideas encompassing a limited contractual (rather than tortious) notion of wrongfulness, limited remedies and an ethos of ‘informal dispute resolution’. This involved the rejection of a broader, tort-based conception of wrongfulness. The origins of this narrowly contractual nexus are identified in the decision of the House of Lords in Addis v Gramophone Co in 1909. The chapter traces the persistence of this nexus in shaping and constraining the judicial development of wrongful dismissal throughout the twentieth and early twenty-first centuries. This provides a corrective to accounts of recent developments in wrongful dismissal law that focus on the role of the unfair dismissal legislation in inhibiting common-law developments.

Keywords:   wrongful dismissal, remedies, tort, constructive dismissal, unfair dismissal

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