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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 Contract of Employment and the Remedial Dimension

The Contract of Employment and the Remedial Dimension

Chapter:
(p.167) 8 The Contract of Employment and the Remedial Dimension
Source:
The Contract of Employment
Author(s):

Lizzie Barmes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0008

This chapter explores the content and impact of the remedial rules of the law of the contract of employment in the institutional contexts, first, of the formation, conduct and ending of work relationships and, secondly, of claiming behaviour and adjudication. The law on contractual remedies relevant to employment disputes has the effect that, by and large, employment contract law gives greater support to working people with the least need of protection, while tending to reinforce employee subordination for the rest and to give employers substantial means to control competition. Significant doctrinal incoherence has in turn resulted from the contrast between judicial recognition of major common-law obligations during the course of employment relationships and the courts’ and Employment Tribunals’ minimalist approach to employers’ obligations connected to termination. The constitutional basis for these distinctions, however, means the onus is on politicians and the legislature to take action.

Keywords:   contractual remedies, employment dispute, adjudication, Employment Tribunals, impact of law

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