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Preview: Industrial Law Journal - Advance Access

Industrial Law Journal Advance Access

Published: Wed, 13 Sep 2017 00:00:00 GMT

Last Build Date: Wed, 13 Sep 2017 13:52:18 GMT


Fairness in the Contract of Employment


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’.

The Concept of ‘Worker’ in European Labour Law: Fragmentation, Autonomy and Scope


This article offers a critical analysis of the concept of ‘worker’ in European Labour Law as predominantly shaped by the CJEU on the basis of its jurisprudence in the area of free movement of workers. It suggests that, while nominally broad, this concept suffers from many of the strictures arising from the traditional binary divide between employment and self-employment on which it is essentially premised. Having analysed the residual fragmentation and legitimacy problems arising from a rather incomplete development of this area of EU law, the article advocates a broader concept of ‘worker’ shaped by reference to the fundamental rights language embraced by various regional and international labour and human rights mechanisms, including the Social Charter, the European Convention on Human Rights and the International Labour Organisation. The article concludes by identifying a number of possible reform options that may serve the purpose of establishing a suitably broad and autonomous concept of ‘worker’ for the purposes of EU labour law, and by offering a cursory analysis of some recent EU Pillar of Social Rights initiatives.