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The Common Law Employment Relationship

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve.
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Index

A Comparative Study

Gordon Anderson, Douglas Brodie and Joellen Riley

Advisory, Conciliation and Arbitration Service (ACAS) 212

agency workers

employer-employee relationships 43–4, 247

employment status 43–5, 48–51

implied contracts 48–51

power of control 49

Anderson, Gordon 128–9

arbitration 4, 14–15, 23, 73–4

Australia

arbitration 4, 14–15, 23, 73–4

bargaining power 144

common law development 245–6

contract law

cooperate, obligation to 100

implied terms 132, 143–4

mutual trust and confidence 100, 111, 132, 141, 243

personal grievances 107–10

unconscionability, and 99

contract terms, incorporation

collective agreements, and 71–4

common law, coherence with statutory provisions 94, 251–2

employer codes and publications 80, 84–8

implied terms 132, 143–4

intention of parties 75–6, 78

judicial hostility 78, 96

language, aspirational/ non-contractual 84–8

termination of employment 93–4

employee obligations

disclosure 114–16, 134

fidelity 112, 134

fiduciary duties 115–16, 118

good faith 123, 135–7

mutual trust and confidence 100, 111, 119, 120–21, 124–5, 134–5, 141, 243

employee status

agency workers 49–50

casual and seasonal workers 39

conduct, role of 52

economic reality tests 33–9

intention of parties 27, 29–30

joint employment 47

judicial interpretation trends 40

mutuality of obligations 56–7

sham contracts 52–4, 66

statutory definitions 66

tests 33–9, 62

workers, distinction from 14–15

garden leave clauses 174–5

intellectual property ownership 170–71

out-of-hours productive labour 173

managerial prerogative 145–6

master and servant law 2, 10

personal grievance provisions 107–10

post-colonial development 3

private life, employer intrusion into 147

drug testing 155–6

out-of-hours conduct 152–4

political and trade union activities 162–3

social media use 157–9

surveillance in workplace 160–61

punitive sanctions 12

redundancy 215–16

restraints of trade 168, 177–8, 190–91

confidential information 178–9

customer relationships 179–81

employer breach 188–9

enforcement 185–7

garden leave clauses 174–5

legitimate interests 178–81

unfair dismissal

common law rules 194

compensation 189, 217–18, 227–8, 230–34

constructive dismissal 207–8

damages 227–8, 230–31

discriminatory dismissal 209–10

economic dismissal 215–16

fair process rules 211–12, 249–50

mutual trust and confidence 223, 232–3

non-financial loss 218, 232–4

private conduct 146–7

prohibited reasons 209–11

qualifying periods of employment 206

reinstatement 217

remedies 127–8, 217–18, 231–8

statutory protections 192, 197–8, 200–201, 204

statutory tests 212–14

vicarious liability 40, 247–8

joint employment 47

bargaining power see also collective bargaining

abuse, risks of 98

common law influences on 246–8

common law view 99–100

discretionary power, exercise of 100–104

evaluation 99–100, 107

freedom of contract, and 105, 110

imbalances in 97, 243

informed consent 105

irrationality or perversity test 103–4

judicial scrutiny 102–3

material adverse change 101

monetary equivalence 100

mutual trust and confidence, and 100–101, 103–4, 125

personal grievance provisions 106–9

private bargains, voidability 177

private life, intrusion into 144

procedural fairness 108–10

reasonableness, and 101–2, 104

risk allocation 98

unconscionability, and 99, 104–5

bicycle couriers 29–30

blue pencil clauses 176

bullying and harassment 87–8, 158–9, 251–2

Canada

employment status interpretation 44–5

fiduciary duties 117–18, 134

good faith principle 8, 123, 138–9, 245

cascading clauses 176

casual workers 29, 39

mutuality of obligations 55–8

permanent casual status 207

unfair dismissal 207

codes of conduct

contract terms, incorporation in 69, 75, 79–88, 95–6

language, aspirational/ non-contractual 86–8

procedural fairness 108–10

purpose 80–81

collective agreements

contract terms incorporation 71–4

applicable terms and restrictions 81–3

intention of parties 76–8

language, aspirational/ non-contractual 84–8

managerial prerogative, and 88–90

collective bargaining

common law, and 73

decline in 20, 76, 250

intention of parties 76–8

managerial prerogative, and 144–5

purpose 20, 76, 110

trade unions, and 16, 72

Collins, Hugh 142

common law

agency worker contracts 48–51

appeals, restrictions on 34–5

benefits of 248–9

confidentiality, law of 151

development 15–21, 34–9, 245–6

effective remedies, and 15–16

employee rights 145–6

employment status tests 30–34

fairness of bargain 104–5

implied terms 7, 15, 48–51

limitations 34–5

managerial prerogative, influences on 246–8

unfair dismissal 192–9, 218–24

vs. statute 73–4, 251–2

vicarious liability 146, 247–8

contract terms, incorporation 73–4, 94, 96, 251–2

unfair dismissal 220–24

company management

ownership and governance, separation 11–12

competition, employer protections see restraints of trade

confidential information

definition 178–9

restraints of trade 178–9, 183

confidentiality, duty of 151, 173

constructive dismissal

employee resignation, as 232

legitimate interests, employer breach 190

test for 118–20, 123–4, 207–9

contract law see also contract terms; contracts of employment

bargaining power

fairness in 97

freedom of contract, and 105, 110

informed consent 105

reasonableness, and 101–2, 104

unconscionability 99, 104–5

development 2, 243–4

discretionary power, exercise of 100–104

freedom of contract 19–20, 25–6, 105, 110

good faith principle 8, 99, 122–3, 128–9, 135–8, 244–5

mutual trust and confidence 8, 100–101, 103–4

constraints 113–15

fiduciary duties 115–18

sham contracts 52–4, 66

contract terms see also codes of conduct; human resources policies

agency worker contracts 48–51

implied contracts 7, 15

implied terms 130–33, 143–4

incorporation of

applicable terms and restrictions 81–3

coherence 94, 96

collective instruments, from 71–4, 95

common law, at 73–9, 94, 96

employer codes and publications 69, 75, 79–88, 95–6

implied terms 130–33, 143–4

intention of parties 75–8, 81

judicial hostility 78, 95–6

language, aspirational/ non-contractual 84–8

managerial prerogative, and 90

redundancy 82–3, 90–93

statutory provision 73–4, 94, 251

termination of employment 90–94

contractors

definition 65

employees, whether 24, 27

vicarious liability 248

contracts of employment see also codes of conduct; human resources policies

challenges to 20–21

characteristics 1–2, 17–18

conflicting interests 100–101

contract law, and 2–3, 19, 248–9

definitions, statutory 64

employer bias 18–19

employment relationship, distinction between 69–70

forms 25

general vs. specific engagement, contracts for 38, 55–6

historical development 1–4, 13–16, 248–9

intention of parties 26–30

judicial enforcement 1, 3

master and servant laws 1–2

minimum standards 70–71

political influences on 21

psychological contracts, as 5–6, 20–21, 166, 169

relational contracts, as 7–8

rights restrictions 26

risk allocation 98

role of 5–6, 21–2

sanctity of contract 178, 239

sham contracts 52–4, 66

social and economic status, and 13–14

statutory intervention 21–3

control test 13, 31–2

cooperation, duty of 100, 119

copyright see intellectual property

Craven, Paul 1–2, 17

Creighton, Breen 33

criminal activity

dismissal, and 149–50, 152

private life, employer intrusion into 149–50, 152

damages

bonus payments 228–9

contracts of employment, under 70

future earnings 234

least burdensome principle 228–30

limitations 226–7, 231–2

liquidated damages 195

psychiatric harm 232–5

reputation, loss of 234, 238, 241

unfair dismissal 20, 195, 226–31

Deakin, Simon 2, 5, 10–14, 18, 31, 57–8

disclosure, duty of 114–16, 134

dismissal, generally see also unfair dismissal

common law rules 195–6

constructive dismissal 118–20, 123–4, 190, 207–9, 232

contract terms, incorporation 90–94

criminal activity 149–50, 152

discriminatory dismissal 209–10

dishonesty 158

drug use 144, 146, 149, 154–7

economic dismissal 214–15

employer powers 195

employment at will 195–6

fixed-term contracts 202

grounds for 17–18, 20, 93–4, 146, 158–9

harassment, for 158–9

interpretation 206–7

language, offensive, use of 162–3

managerial prerogative, and 146

out-of-hours activities 149–54

private conduct 146–8

prohibited reasons 209–11

redundancy, and 215–16

sexual activity 149–53

drug testing policies 144, 146, 149, 154–7

economic reality test 32–9, 59–60

employee obligations

competition, and 115–16

constraints 113–15

cooperation 119

disclosure 114–16, 134

equitable orders, and 134–5

fidelity 113–15, 134, 143

fiduciary duties, and 115–18

good faith 122–3, 136–8, 244–5

legal basis 2–3

mutual trust and confidence 8, 100–101, 103–4, 111

mutuality of 38–9, 55–8

obedience 10, 17–18, 20, 143–5, 148

personal subordination 10

punitive sanctions 1–2, 5, 12

reciprocity 133–4

employees see also employment status

bargaining power, and 98–9

common law rights 145–6

definition

bicycle couriers 29–30

contractors 24, 27, 65

economic and social influences 24

homeworkers 29, 64–5

persons intending to work 64

seasonal workers 29, 39

statutory definitions 63–8

workers, distinction from 13–15

legal concept

challenges to 24–5

historical development 13–14

risk allocation 98

employer codes and publications

contracts, incorporation into 69, 75, 79–88, 95–6

language, aspirational/ non-contractual 84–8

purpose 80–81

employer liabilities see also vicarious liability

health and safety 62

historical development 12

employer policies see human resources policies

employers

definitions 24–5

risks for 98

employment agreements 73see also collective bargaining

employment at will 195–6

employment relationships see also bargaining power; employment status; mutual trust and confidence; private life

agency worker contracts 48–51

categories of 12–13

client relationship conflicts 114

conduct, role of 51–2, 55

contracts of employment, distinction between 69–70

educational investment, and 6

employees status incompatibility with 26–30

fidelity, duty of 7, 18, 20, 98, 112–15, 122, 134, 143

fiduciary duties 115–18

implied terms, role of 7, 15, 48–51

interests, divergence of 114–15

jurisdictional divergence 23

obedience, duty of 10, 17–18, 20, 143–5, 148

post-employment restraints 7, 167–8, 175–8

provision of work 5–6

psychological contract, as 5–6, 20–21, 166, 169

relational contracts, as 7–8

statutory intervention 21–3

women in workplace, and 20

employment rights

common law 145–6

development 21–2

employment status

agency workers 43–5, 48–51

control test 13, 31–2

economic reality test 32–9, 59–60

employer-employee relationships, incompatibility with 26–30

future performance 56–7

general vs. specific engagement 38, 55–6

integration test 32, 60

intention of parties 26–30

joint employment 45–8, 47–8

judicial interpretation trends 40–41, 43

legitimate expectations 39

mutuality of obligations 38–9, 55–8

relationship conduct, and 51–2, 55

sham contracts 52–4, 66

statutory definitions 62–8

tax advantages 29

vicarious liability, and 47–8, 60–62, 247–8

equal opportunities policies 159–60

equity

principles 189–90

remedies 235–40

Facebook 147, 157–8

fair dealing principle 99

fairness see bargaining power

fidelity, duty of 7, 18, 20, 98, 134, 143

challenges 112–13

common features 112–13

constraints 113–15

fair dealing, and 122–3

mutual trust and confidence, and 113–14, 122, 134

fiduciary duties 115–18

Fisk, Catherine 169

fixed-term contracts

statutory protections 71, 106

trends 166

unfair dismissal 202

flexible employment 6–7

Forrest, Humphrey 18–19

Fox, Alan 18

Freedland, Mark 56, 228–9

freedom of contract 19–20, 25–6, 105, 110

unfair dismissal, and 205

freedom of expression 143, 159–60, 162–3

fundamental test 32–7, 59–60

garden leave clauses 167, 174–5

gig economy 21

good faith principle 7–8, 99, 244–5

discretionary powers, and 138–9

discriminatory dismissal, and 210

implied obligation 137–40

legitimate contractual interest, and 138–9

limitations 136–7

mutual trust and confidence 122–4, 128–9, 135–40

restraints of trade, and 138–9

Griffiths, J.A.G. 18

harassment

contract terms incorporation 251–2

dismissal, grounds for 158–9

Hay, Douglas 1–2, 17

hidden unemployment 42–3

holiday pay 71

homeworkers 29, 64–5, 145–6

Howe, John 15

human resources policies

contracts, incorporation into 69, 75, 79–88, 95–6

interactional justice, and 251

language, aspirational/ non-contractual 84–8

management trends 250–51

procedural fairness 108–10

human rights

dismissal 148–9, 151

private life, intrusion into 148–9, 151

implied terms

agency workers contracts 48–51

intellectual property ownership 167

mutual trust, and 130–33, 143–4

role of 7, 15

injunctions

restraints of trade 184–7

unfair dismissal 238–40

integration test 32, 60

intellectual property

concept development 169–70

creation outside work hours 172–3

employee ownership 166–7, 169–73

intention of parties 26–30

contract terms, incorporation 75–6, 81

exclusion of rights 28–9

why factor 29–30

International Labour Organization

Convention 158 on Termination of Employment by Employer 1982 198, 213

Recommendation 119 on Termination of Employment 197–8

job security 192see also unfair dismissal

joint employment

employment status 45–8

vicarious liability 45–7

judicial enforcement

contracts of employment

duties of obedience and loyalty 18–20

historical development 1, 3, 5, 15–17

intervention in, scope of 7, 25

relational contract interpretation 7–8

statutory conflicts 21–3

trends 25

Kahn-Freund, Otto 97, 201, 243

Keesing, Grace 140

knowledge economy 166

labour law, generally

challenges 69

development stages 21–2

jurisdictional divergence 23

labour market influences 6–7, 40, 59–60

purpose 70

statutory definitions 63–8

workers statutory rights 65–6

labour market

composition trends 42–3

influences of 6–7, 40, 59–60

legitimate interests

confidential information 178–9, 183

customer relationships 179–81

employer breach 187–90

employer intrusion into private life 152

good faith principle 138–9

restraints of trade 168, 174–5, 178–91

stable workforce, maintenance of 181–3

Leighton, Patricia 25, 33, 37

limited liability companies 11

Lind, E Allan 250

loyalty, duty of see fidelity

managerial prerogative see also private life

common law influences on 246–8

contract terms, incorporation 88–90

human resources management trends, and 250–51

trade union activities, and 144–6

Mantouvalou, Virginia 152

Marsden, David 1, 18

master and servant law 249

influences of 10–13, 242

purpose 1–2, 10–11

repeal 10, 17

Mathieson, DL 15

Meritt, Adrian 11–12, 16, 20

misconduct, disclosure 114–16

Mitchell, Richard 15

moonlighting 167, 172–3

Morris, Gillian S 31, 57–8

mutual trust and confidence 8, 100–101, 103–4, 111

administrative law, and 124

bargaining power, and 125

breach, investigations of 129–30

casual workers 207

competition, and 115–16

concept development 118–26, 140–41

constraints 113–15

contracting out 126

cooperation, duty of 100, 119

disclosure, duty of 114–16, 134

equitable remedies 120–21, 134–5, 231–2

fidelity, and 113–15, 122, 134, 143

fiduciary duties, and 115–18

good faith, and 122–4, 128–9, 135–40

implied terms 130–33, 143–4

natural justice, and 124

post-employment restraints, and 7, 167–8, 175–8

purpose 136

reciprocity, and 133–4

statutory protections, and 127–30, 141

unfair dismissal, and 127–9, 220–23

mutuality of obligations 38–9

casual workers, and 55–8

future performance 57–8

general vs. specific engagement 38, 55–6

national minimum wage 28–9, 70–71

natural justice 86, 124, 126, 238, 249–50

neoliberalism 4, 16, 247

New Zealand

arbitration 4, 14–15, 23, 73–4

bargaining power 144

common law development 245–7

contract law

freedom of contract 105

implied terms 131

informed consent 105

personal grievances 106–7

unconscionability, and 99, 106

unfairness, remedies for 105–6

contract terms, incorporation

collective agreements, from 71–4

common law, coherence with statutory provisions 96

employer codes and publications 79, 80–81

intention of parties 77–9

judicial interpretation 78–9

managerial prerogative, and 90

statutory minimums 71, 77

employee obligations

disclosure 114, 116

fidelity 112, 122

fiduciary duties 116, 118

mutual trust and confidence 119, 121–6, 128–9, 141, 249–50

reciprocity 133

employee status

agency workers 50

casual and seasonal workers 39

conduct, role of 51–2

economic reality tests 32–3, 35–6, 38–9

intention of parties 27–9

joint employment 47–8

judicial interpretation trends 40

mutuality of obligations 39, 57

sham contracts 54

statutory definitions 65–6

workers, distinction from 14–15

fixed-term contracts 71, 106

garden leave clauses 175

good faith, statutory duty 8, 122–3, 128–9, 136

intellectual property ownership 171–2

master and servant law 2

no-fault liability 40

personal grievance provisions 40, 106–7, 203, 206–7, 220

post-colonial development 3

private life, employer intrusion into

drug testing 155

out-of-hours conduct 152

political and trade union activities 164

social media use 157–8

redundancy 215–16

restraints of trade 168, 175–7, 176–7, 179

statutory protections

fixed-term contracts 71, 106

unfair dismissal 192, 197, 203

unfair dismissal

common law rules 194

compensation 218, 234–5, 240–41

constructive dismissal 208–9

economic dismissal 216

fair process rules 211–12

foreseeability test 209

non-financial loss 218, 234–5

qualifying periods of employment 205

reinstatement 217

remedies 217–18, 234–6, 240–41

right to challenge 206

statutory protection 192, 197, 200–201, 203, 205

statutory tests 212–14

universal suffrage 3

vicarious liability 40, 47–8, 247

non-financial loss 218, 220–22, 232–4, 243

psychiatric harm 232–5

reputation, loss of 234, 238, 241

notice periods 71, 228

obedience, duty of 10, 17–18, 20, 143–5, 148

Ogus, Anthony 227–8

Oliver, Dawn 248

patents see intellectual property

personal grievance provisions 40, 203, 206–7

bargaining power, and 106–9

persons intending to work, definition 64

portfolio careers 166

power relations see bargaining power

private life

employer intrusion into 7

adverse action 162–3

bargaining position, and 144

business reputation, and 152–3

criminal activity 149–50

drug use 144, 146, 149, 154–7

health and safety obligations 155–6

historical instances 142–3

implied contract terms 143–4

legitimate interests 152

obedience, duty of 143–5, 148

out-of hours-conduct 149–54

political and trade union activities 161–4

protection of other employees 153–4

sexual activity 149–53

social media use 147, 150, 157–60

statutory restrictions 151–2

surveillance in workplace 146, 160–61

trade unions, and 144–5

unfair dismissal, and 146–7

human right, breach of 148–9

procedural fairness

bargaining power, and 108–10, 249–50

contractual nature 93–4

fair dealing principle 99

unfair dismissal 211–12, 221–4

psychiatric harm, damages for 232–5

punitive sanctions

criminal sanctions 17

historical development 1–2, 5, 12, 17

reasonableness

abuse of power 101–2, 104

restraints of trade 177, 183–4

unfair dismissal 148, 150, 224

redundancy

contract terms, incorporation in

compulsory redundancy 90–93

redundancy pay 81–2

mutual trust and confidence 125

statutory definitions 215–16

statutory protections 215–16

unfair dismissal, and 215–16

reinstatement 217–18, 237–8, 241

remedies

common law vs. statutory 235–40

damages

bonus payments 228–9

contracts of employment, under 70

future earnings 234

least burdensome principle 228–30

limitations 226–7, 231–2

liquidated damages 195

psychiatric harm 232–4

reputation, loss of 234, 238, 241

unfair dismissal 20, 226–31

employee obligations, and 134–5

equitable remedies 235–40

injunctions 184–7, 238–40

interlocutory orders 237–8

mutual trust and confidence, role in 120–21, 231–2

rescission 235–6

restraint of trade 184–7

specific performance 235–7

unfair dismissal 127–30, 202, 226–31

bonus payments 228–9

compensation 20, 189, 194–5, 217–18

due process 238

non-financial loss 217–18, 220–22, 226–7, 232–5

reinstatement 217–18, 237–8, 241

reputation

loss of, damages for 234, 238, 241

private life, employer intrusion into 152–3

rescission 235–6

restraints of trade 167–8, 190–91

confidential information 178–9, 183

customer relationships 179–81

employer breach 187–90

employer intrusion into private life 152

enforcement 177–8, 184–7

garden leave clauses 167, 174–5

good faith principle 138–9

injunctions 184–7

judicial interpretation 7, 167–8, 175–8

legitimate interests 168, 174–5, 178–91

post-employment 7, 167–8, 175–8

reasonableness 177, 183–4

stable workforce, maintenance of 181–3

Richardson, Sir Ivor 7

Riley, Joellen 127–8

seasonal workers 29, 39

self-employment

choice, reasons for 42–3, 59, 68

identification as 59, 62

sham contracts 52–3

trends 42–3, 59, 62, 247

vicarious liability, and 248

self-esteem 119–20, 123, 242

servants, distinction from employees 13–14

sexual activity

dismissal, and 149–51

private life, employer intrusion into 149–53

sexual harassment 87–8

sham contracts 52–4, 66

social media use 147, 150, 157–60

specific performance 235–7

staff handbooks and policies see employer codes and publications

statutory employment protection

vs. common law 73–4, 251–2

fixed-term contracts 71

human resources policies, and 69

limitations 129–30

minimum standards 70–71

unfair dismissal 127–9

Stewart, Andrew 33

sunk costs 98

surveillance in workplace 146, 160–61

termination of employment see also dismissal; redundancy

competition restrictions following 167

contract terms, incorporation in 93–4

garden leave clauses 167, 174–5

least burdensome principle 228–30

notice periods 71, 228

trade unions

collective agreements, incorporation into contracts 72

managerial prerogative, and 144–5

member activities, employer intrusion 161–4

membership trends 16, 145

Twitter 147

UK

common law development 245–6

contract law

abuse of power 101

fairness, and 130–31

implied terms 130–33

mutual trust and confidence 8, 100–101, 103–4, 113–15, 140–41

personal grievances 108–9

unconscionability, and 99, 104–5

contract terms, incorporation

applicable terms and restrictions 81–3

collective agreements, from 72

common law, coherence with statutory provisions 94, 251–2

employer codes and publications 79–80

implied terms 130–33

intention of parties 76–8

judicial hostility 78, 95

language, aspirational/ non-contractual 84–5

managerial prerogative, and 88–90

employee obligations 113–14

disclosure 114–15

fidelity 112–13, 134

fiduciary duties 118

good faith 123, 136–7, 139–40

mutual trust and confidence 119–20, 122, 132–3

reciprocity 133–4

employee status

agency workers 48–51

casual workers 207

conduct, role of 51–2

economic reality tests 32–9

intention of parties 26–7

judicial interpretation trends 41

mutuality of obligations 38–9, 55–8

sham contracts 52–3

statutory definitions 64–5

workers, distinction from 13–14

intellectual property ownership 169–70

intention of parties

contract terms incorporation 76–8

employee status 26–7

master and servant law 2

personal grievance provisions 106, 108–9

private life, employer intrusion into

dismissal, grounds for 150–51

drug testing 156–7

political and trade union activities 164

social media use 158–60

statutory restrictions 151–2

surveillance in workplace 161

redundancy 215

restraints of trade 191

confidential information 179, 183

employer breach 188–9

enforcement 185–7

legitimate interests 179, 182–3

stable workforce, maintenance of 182–3

unfair dismissal

common law rules 194

constructive dismissal 207–8, 232

damages 217–18, 227–9, 232–4, 240

economic dismissal 214–15

fair process rules 211, 221–4

non-financial loss 218, 220–22, 232–4, 243

qualifying periods of employment 203, 206

remedies 217–18, 232–4, 235–8

statutory protection 192, 198–201, 203–4

statutory tests 212–13

vicarious liability 247–8

unfair dismissal 20, 22, 220

casual workers 207

common law rules 192–224

consequential loss 194

constructive dismissal 207–9, 232

discriminatory dismissal, and 209–10

fixed-term contracts 202

freedom of contract, and 205

implied restraints 228–9

Internal Labour Organization recommendations 197–8

interpretation 206–7

liquidated damages 195

managerial prerogative, and 146

mediation services 212

mutual trust and confidence 127–9, 220–23, 231–3

non-financial loss 217–18, 220–22, 226–7, 232–5, 243

out-of-hours conduct 150–54

private conduct 146–8

prohibited reasons 209–11

qualifying periods of employment 203, 205–6

reasonableness 148, 150, 224

remedies 226–31

bonus payments 228–9

compensation 20, 189, 194–5, 217–18

damages 20, 226–31

due process 238

equitable remedies 235–40

non-financial loss 217–18, 220–22, 226–7, 232–5

reinstatement 217–18, 237–8, 241

statutory remedies 127–30, 202, 216–17

statutory protections

common law distinctions from 220–23

common law influences on 218–19, 223–4

constructive dismissal 207–9

coverage 205–6

development 192–3, 196–201

economic dismissal 214–15

fair process rules 211–12, 221–4

foreseeability test 209

income thresholds 206

limitations 218–19

need for 196–7

non-standard contracts 207

prohibited reasons 209–11

purpose 218

qualifying periods of employment 203, 205–6

redundancy 215–16

regulatory trends 202

restrictions 202

right to challenge 206

stability of 201–4

statutory tests 202, 212–14

TCR clauses 200–201

United States 252

universal suffrage 3–4, 21

vicarious liability 40

common law, under 146, 247–8

employment status, and 45–8, 60–62

independent contractors 248

joint employment 45–8

self-employment, and 248

Wednesbury unreasonableness 101–2

Wilkinson, Frank 2, 5, 10–14, 18

women in workplace 20

work, provision of 5–6

workers see also employees

categories 12–13

definitions 64–5

statutory rights 65–6

wrongful dismissal see unfair dismissal

Wynn, Michael 25, 33, 37