Atkinson, J.R. (2019) Implied terms and human rights in the contract of employment. Industrial Law Journal, 48 (4). pp. 515-548. ISSN 0305-9332
Abstract
This article considers the potential for implied terms in the contract of employment to protect employees’ human rights. The slim prospects of legislative action in this area make it important to consider common law means of protecting human rights at work. Part 2 begins by setting out the function of implied terms in the contract of employment and the various ways human rights can affect the legal regulation of the employment relationship. Part 3 considers the extent to which the implied term of trust and confidence can protect employees’ human rights. While there are numerous points of overlap between trust and confidence and human rights, both the scope of the implied term and the level of protection it provides mean that it is currently an inadequate mechanism for protecting human rights at work. Part 4 then assesses the prospects of a new human rights term being implied into the contract of employment using the existing tests for terms implied ‘in fact’ and ‘in law’, and develops a prima facie case in favour of implying a human rights protective term into all employment contracts as a default rule.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2019 Industrial Law Society. This is an author-produced version of a paper subsequently published in Industrial Law Journal. Uploaded in accordance with the publisher's self-archiving policy. |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 17 Jan 2019 11:59 |
Last Modified: | 21 Feb 2021 01:38 |
Status: | Published |
Publisher: | Oxford University Press |
Refereed: | Yes |
Identification Number: | 10.1093/indlaw/dwz001 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:141133 |