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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 Effect of Termination upon Post-Employment Obligations

The Effect of Termination upon Post-Employment Obligations

Chapter:
(p.561) 26 The Effect of Termination upon Post-Employment Obligations
Source:
The Contract of Employment
Author(s):

David Cabrelli

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0026

This chapter probes the interplay between the common-law rules governing the employment contract in post-employment mode and the obligations that continue to bind the employer and the employee when their relationship enters that particular phase. The argument is made that the obligations (i) imposed by the foundational wage-work bargain, and (ii) governing the ongoing and future performance of work, are erased post-employment. The analysis then turns to an exploration of the juridical nature of the obligations of the contracting parties that do continue when the employment contract has entered the post-employment phase. In the final section, the chapter underlines the vitality of public policy controls when the employment contract is in the post-employment stage, as mediated through the restraint of trade doctrine including restrictive covenants and garden leave. It is also shown how powerful that doctrine is when the employment contract is in the full employment mode.

Keywords:   restraint of trade, garden leave, post-employment, wage-work bargain, public policy

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