- Title Pages
- List of Authors
- Foreword
- Editors’ Preface
- Table of Cases
- Tables of Legislation
- List of Abbreviations
- 1 General Introduction—Aims, Rationale, and Methodology
- 2 The Legal Structure of the Contract of Employment
- 3 The Exchange Principle and the Wage-Work Bargain
- 4 The Relationship between the Contract of Employment and Statute
- 5 The Contract of Employment and Collective Labour Law
- 6 The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract
- 7 Relational Contracts
- 8 The Contract of Employment and the Remedial Dimension
- 9 Human Rights and the Contract of Employment
- 10 Fragmenting Work, Fragmented Regulation
- 11 The Contract of Employment and Gendered Work
- 12 The Contract of Employment, Corporate Law, and Labour Income
- 13 Developments in Contract of Employment Jurisprudence in Other Common-Law Jurisdictions
- 14 A Comparative Reflection from Canada—A Good Faith Perspective
- 15 The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations
- 16 Employees, Employers, and Beyond
- 17 The Contract of Employment as an Expression of Continuing Obligations
- 18 Formation of the Contract of Employment
- 19 Illegality, Public Policy, and the Contract of Employment
- 20 Terms Inserted into the Contract of Employment by Legislation
- 21 The Content of Contracts of Employment—Terms Incorporated from Collective Agreements or from Other Sources
- 22 Implied Terms in the Contract of Employment
- 23 Variation and Suspension of the Contract of Employment and its Terms
- 24 Duration, Lawful Termination, and Frustration of the Employment Contract
- 25 The Wrongful Termination of the Contract of Employment
- 26 The Effect of Termination upon Post-Employment Obligations
- 27 Intellectual Property and the Contract of Employment
- 28 Remedies for Breach and for Wrongful Dismissal
- 29 The Contract of Employment in its International and European Law Setting
- Index
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
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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- Title Pages
- List of Authors
- Foreword
- Editors’ Preface
- Table of Cases
- Tables of Legislation
- List of Abbreviations
- 1 General Introduction—Aims, Rationale, and Methodology
- 2 The Legal Structure of the Contract of Employment
- 3 The Exchange Principle and the Wage-Work Bargain
- 4 The Relationship between the Contract of Employment and Statute
- 5 The Contract of Employment and Collective Labour Law
- 6 The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract
- 7 Relational Contracts
- 8 The Contract of Employment and the Remedial Dimension
- 9 Human Rights and the Contract of Employment
- 10 Fragmenting Work, Fragmented Regulation
- 11 The Contract of Employment and Gendered Work
- 12 The Contract of Employment, Corporate Law, and Labour Income
- 13 Developments in Contract of Employment Jurisprudence in Other Common-Law Jurisdictions
- 14 A Comparative Reflection from Canada—A Good Faith Perspective
- 15 The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations
- 16 Employees, Employers, and Beyond
- 17 The Contract of Employment as an Expression of Continuing Obligations
- 18 Formation of the Contract of Employment
- 19 Illegality, Public Policy, and the Contract of Employment
- 20 Terms Inserted into the Contract of Employment by Legislation
- 21 The Content of Contracts of Employment—Terms Incorporated from Collective Agreements or from Other Sources
- 22 Implied Terms in the Contract of Employment
- 23 Variation and Suspension of the Contract of Employment and its Terms
- 24 Duration, Lawful Termination, and Frustration of the Employment Contract
- 25 The Wrongful Termination of the Contract of Employment
- 26 The Effect of Termination upon Post-Employment Obligations
- 27 Intellectual Property and the Contract of Employment
- 28 Remedies for Breach and for Wrongful Dismissal
- 29 The Contract of Employment in its International and European Law Setting
- Index
