Fairness in the contract of employment

Sanders, Astrid ORCID: 0009-0002-6685-3033 (2017) Fairness in the contract of employment. Industrial Law Journal, 46 (4). 508 - 542. ISSN 0305-9332

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Abstract

Many labour law scholars in the UK are disillusioned with recent judicial decisions by the House of Lords and Supreme Court on the contract of employment. The argument made in this article is that, although there are good reasons for disillusionment with the Johnson v Unisys progeny, there have nevertheless been potentially some very positive developments for employees in recent decisions. On procedural fairness, the High Court has read in principles of ‘natural justice’ to the employment contract, whereas both High Court and Court of Appeal decisions seem to see courts intervening, at least in some areas, in the employment relation also on the grounds of substantive fairness. It is suggested here that these recent cases are evidence of a nascent duty of ‘fairness’ in the contract of employment, and the case is made for explicit recognition of, and development of, this duty. A practical application is provided, to finish, with the topical phenomenon of so-called ‘zero hours contracts’.

Item Type:	Article
Official URL:	https://academic.oup.com/ilj
Additional Information:	© 2017 Industrial Law Society
Divisions:	Law
Subjects:	H Social Sciences > HD Industries. Land use. Labor K Law > K Law (General)
Date Deposited:	07 Aug 2017 10:38
Last Modified:	01 Nov 2024 05:09
URI:	http://eprints.lse.ac.uk/id/eprint/83718

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