The Personal Employment Contract

Paperback | January 15, 2006

byMark Freedland

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This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up toand including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally. In this work the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affected the law of the contract of employment since theearlier treatise was written. However, the present work aims to do more than providing a second edition of The Contract of Employment. It addresses a wider range of employment relationships than the previous work did; in fact, it argues for and is constructed around a whole new category of employment contracts, which includesnot only contracts of employment but also other "personal employment contracts", a concept which the author articulates and justifies.Within that novel conceptual framework, many of the major features of the law of employment contracts are re-examined and presented in unfamiliar and challenging terms. Thus, the employer is re-conceptualized as the "employing enterprise", the bilateral structure of employment contracts isre-evaluated, and new explanations are advanced for the functioning of the law of termination of employment contracts and of remedies for wrongful termination.

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This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up toand including the Employment Act 2002, and c...

Mark Freedland has been a Tutorial Fellow of St John's College Oxford since 1970, a University Reader since 1994 and a Professor since 1996. He is a barrister and a Bencher of Gray's Inn. He is currently the Director of the Oxford University Institute of European and Comparative Law

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Format:PaperbackDimensions:606 pages, 9.21 × 6.14 × 1.36 inPublished:January 15, 2006Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199298637

ISBN - 13:9780199298631

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Table of Contents

1. Definition and Parties2. Formation and Structure3. Content and Construction4. Performance and Breach5. Variation6. Suspension7. Lawful Termination by the Employing Enterprise8. Wrongful Termination by the Employing Enterprise9. Termination other than by the Employing Enterprise10. Changes in the Enterprise and Transfer of Employment

Editorial Reviews

"The strength of this book is that it engages in a series of important debates which will cause lawyers interested in the field to reconsider and reassess their own assumptions, and to ponder anew the significance of the set of contractual relationships which still lie at the heart of thelabour law." --The Cambridge Law Journal