Overview

The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.

Full Product Details

Author:   Mark Freedland (Emeritus Professor of Employment Law, Emeritus Professor of Employment Law, University of Oxford and St John's College Oxford) ,  Alan Bogg (Professor of Labour Law, Professor of Labour Law, University of Oxford and Hertford College Oxford) ,  David Cabrelli (Senior Lecturer in Commercial Law, Senior Lecturer in Commercial Law, University of Edinburgh) ,  Hugh Collins (Vinerian Professor of English Law, Vinerian Professor of English Law, University of Oxford and All Souls College Oxford)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 18.30cm , Height: 4.40cm , Length: 24.70cm
Weight:   0.001kg
ISBN:  

9780198783169

ISBN 10:   0198783167
Pages:   730
Publication Date:   26 May 2016
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

PART I. THE GENERAL PART - STRUCTURES AND THEMES 1: Mark Freedland: General Introduction 2: Mark Freedland: The Legal Structure of the Contract of Employment 3: Mark Freedland and Simon Deakin: The Exchange Principle and the Wage-Work Bargain 4: A.C.L. Davies: The Relationship between the Contract of Employment and Statute 5: Alan Bogg and Ruth Dukes: The Contract of Employment and Collective Labour Law 6: Douglas Brodie: The Autonomy of the Common Law of the Contract of Employment from the General Law of Contract 7: Douglas Brodie: Relational Contracts 8: Lizzie Barmes: The Contract of Employment and the Remedial Dimension 9: Hugh Collins and Virginia Mantouvalou: Human Rights and the Contract of Employment 10: Einat Albin and Jeremias Prassl: Fragmenting Work, Fragmented Regulation: The Contract of Employment as a Driver of Social Exclusion 11: Sandra Fredman and Judy Fudge: The Contract of Employment and Gendered Work 12: Wanjiru Njoya: The Contract of Employment, Corporate Law, and Labour Income 13: Joellen Riley: Developments in Contract of Employment Jurisprudence in Other Common Law Jurisdictions: A Study of Australia 14: Claire Mumme: A Comparative Reflection from Canada: A Good Faith Perspective PART II. THE SPECIFIC PART - AREAS AND DOCTRINES 15: Joellen Riley: The Definition of the Contract of Employment and its Differentiation from Other Contracts and Other Work Relations 16: Jeremias Prassl and Einat Albin: Employees, Employers, and Beyond: Identifying the Parties to the Contract of Employment 17: Nicola Countouris: The Contract of Employment as an Expression of Continuing Obligations 18: Simon Deakin: Formation of the Contract of Employment 19: Alan Bogg: Illegality, Public Policy, and the Contract of Employment 20: A.C.L. Davies: Terms Inserted into the Contract of Employment by Legislation 21: Astrid Sanders: The Content of Contracts of Employment: Terms Incorporated from Collective Agreements or from Other Sources 22: Hugh Collins: Implied Terms in the Contract of Employment 23: Nicola Countouris and Astrid Sanders: Variation and Suspension of the Contract of Employment and its Terms 24: David Cabrelli: Duration, Lawful Termination, and Frustration of the Employment Contract 25: Alan Bogg and Mark Freedland: The Wrongful Termination of the Contract of Employment 26: David Cabrelli: The Effect of Termination upon Post-Employment Obligations 27: Jeremias Prassl: Intellectual Property and the Contract of Employment 28: Lizzie Barmes: Remedies for Breach and Wrongful Dismissal 29: Louise Merrett: The Contract of Employment in its International and European Law Setting

Reviews

This is an important and impressive work. It is not, nor is it intended to be, an exhaustive legal text, being more interested in ideas than detail. ... It is also a fitting tribute to the scholarship of the general editor, Professor Freedland, that so many outstanding academics have contributed to produce a book of such quality on a topic he has made so much his own. * Patrick Elias, Oxford Journal of Legal Studies *

Author Information

Mark Freedland, Emeritus Professor of Employment Law, University of Oxford and St John's College Oxford, Alan Bogg, Professor of Labour Law, University of Oxford and Hertford College Oxford, David Cabrelli, Senior Lecturer in Commercial Law, University of Edinburgh, Hugh Collins, Vinerian Professor of English Law, University of Oxford and All Souls College Oxford, Nicola Countouris, Professor of Labour Law, University College London, A.C.L. Davies, Professor of Law and Public Policy and Dean of the Faculty of Law, University of Oxford and Brasenose College Oxford, Simon Deakin, Professor of Law and Director of Research in the Faculty of Law, University of Cambridge and Peterhouse College Cambridge, Jeremias Prassl, Professor of Law, the University of Oxford and Magdalen College

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