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The Personal Employment Contract$
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Mark Freedland

Print publication date: 2005

Print ISBN-13: 9780199298631

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199298631.001.0001

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Lawful Termination by the Employing Entity

Lawful Termination by the Employing Entity

Chapter:
(p.291) 6 Lawful Termination by the Employing Entity
Source:
The Personal Employment Contract
Author(s):

MARK R. FREEDLAND FBA

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199298631.003.0007

This chapter forms the first in a sequence of four final chapters of this work which between them present and seek to develop a radical critique of the law concerning the termination and transformation of personal work or employment contracts. It argues that the starting point for a set of concerns about the coherence of this body of law can be found in the dominant conception, of the powers of termination possessed by the employing entity, as essentially unfettered ones. This conception asserts itself as a less than fully reasoned or justified but constant feature of a body of jurisprudence about the termination of contracts of employment, which is torn between two genres of adjudication — one of which arises in the context of claims to common law and equitable remedies, while the other has developed in the very different context of adjudication about statutory employment rights, such as the right to remedies for unfair dismissal.

Keywords:   personal work contracts, termination of contracts, common law, equitable remedies, statutory employment rights, unfair dismissal

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