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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 Relationship between the Contract of Employment and Statute

The Relationship between the Contract of Employment and Statute

Chapter:
(p.73) 4 The Relationship between the Contract of Employment and Statute
Source:
The Contract of Employment
Author(s):

Acl Davies

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0004

This chapter seeks to provide an overview of the relationship between the common law of the contract of employment and statutes in the employment law field. Historically, the courts tended to regard the contract of employment as having primacy and any legislative intervention as being marginal or subsidiary. Nowadays, cases such as Autoclenz, Johnson and Edwards show that the courts regard statute as the main source of regulation of employment with the common law playing a supplementary role where the two interact. The chapter argues that, in order to fulfil the requirements of the Rule of Law, the courts should strive to develop a coherent body of employment law in which statute and common law work together effectively.

Keywords:   statute, Rule of Law, coherence, common law, Autoclenz, Johnson, Edwards

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