Personal contracting
Gordon Anderson (),
Douglas Brodie () and
Joellen Riley ()
Chapter 5 in Employment Law for a Brave New World, 2025, pp 70-81 from Edward Elgar Publishing
Abstract:
This chapter considers the role that judicial reasoning has had in modernising the contemporary approach to the classification of the employment contract at common law. Such an endeavour will never bring about more than modest and incremental change but, nevertheless, we shall see that significant differences in judicial attitudes between the three systems have become evident. The chapter examines whether legislative intervention is desirable and concludes that it is only through the actions of Parliaments enacting special statutory protections that employment law will develop to encompass the kinds of work that are emerging as labour markets evolve under the influence of new technology.
Keywords: Sham; Employment contract; Common law; Judicial attitudes; New technology; Labour markets (search for similar items in EconPapers)
Date: 2025
ISBN: 9781800379923
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