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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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Human Rights and the Contract of Employment

Human Rights and the Contract of Employment

Chapter:
(p.188) 9 Human Rights and the Contract of Employment
Source:
The Contract of Employment
Author(s):

Hugh Collins

Virginia Mantouvalou

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0009

The chapter considers whether the common law of employment has been and ought to be influenced by the law of human rights. Although the common law has not been influenced by the idea of human rights to the same extent as other legal systems, some basic principles, such as respect for freedom of contract and the right to work, have shaped it. Objections that a human rights framework for employment might prove too individualistic are exposed as overstated, and some potential advantages of such a framework, such as an extension of personal scope, are highlighted. The Human Rights Act 1998 has required courts to interpret statutory employment rights, such as the law of unfair dismissal, in a manner that is consistent with fundamental rights. The chapter examines finally whether the common law of implied terms and wrongful dismissal is likely to be influenced by the law of human rights.

Keywords:   fundamental rights, Human Rights Act 1998, unfair dismissal, wrongful dismissal

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