publication . Article . 1999

A common law agenda for labour law

Hough, Barry; Spowart-Taylor, Ann;
Open Access English
  • Published: 01 Jan 1999
  • Country: United Kingdom
This article assesses the purposes of a re-contractualisation of the employment relationship. It examines in particular the implied duty to act in good faith, and argues that in developing this and other implied terms the judiciary only extends employment protection to further wealth maximisation. It is argued that the common law sees its contribution to labour law as a device for maximising the efficiency of the enterprise and promoting the creation of wealth for the benefit of the national economy. The article examines this thesis by assessing the manner in which good faith has been employed to aid modernisation and competitiveness, to control conflict, to reg...
free text keywords: law
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