foundation of HRM
The employment relationship is the context within which intricate interactions between employees, who may be unionised, and employers are conducted, both collectively and individually (Kelly, 1998 cited in Rose, 2004 p.6)
Potential for conflict between employee and employer interests
Unequal nature of the employment contract
The ways in which the employment relationship is regulated
The employment contract:
Lecture aim: to examine the inequality of the employment contract to outline the duties upon employer and employee within the employment contract to explain the indeterminate nature of the employment contract
The Contract of Employment: A relationship of equals?
The contract of employment ‘exhibits an individualism which necessarily ignores the economic reality behind the bargain. The parties are not equal, even in their ability to go to law’.
(Lord Wedderburn, The Worker and the Law p.142)
Kahn-Freund on the Labour Contract:
‘ ... the relations between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and subordination may be concealed by that indispensable figment of the legal mind known as the ‘contract of employment’. From Kahn-Freund Labour & The Law (1983, p. 18)
Sources of the Employment Contract in the UK:
Express Terms Collective Bargaining Implied Terms Work Rules Custom and Practice Statute Awards under Statutory Provisions
Importance of ‘case law’ in interpreting legislation
Express Terms
Only in exceptional cases must the contract itself be in writing but most employees possess the right to receive a written statement not later than two months after entering employment including (see ERA 1996, s.1) : the names of the parties, the dates when (continuous) employment commenced,
the
Potential for conflict between employee and employer interests
Unequal nature of the employment contract
The ways in which the employment relationship is regulated
The employment contract:
Lecture aim: to examine the inequality of the employment contract to outline the duties upon employer and employee within the employment contract to explain the indeterminate nature of the employment contract
The Contract of Employment: A relationship of equals?
The contract of employment ‘exhibits an individualism which necessarily ignores the economic reality behind the bargain. The parties are not equal, even in their ability to go to law’.
(Lord Wedderburn, The Worker and the Law p.142)
Kahn-Freund on the Labour Contract:
‘ ... the relations between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination, however much the submission and subordination may be concealed by that indispensable figment of the legal mind known as the ‘contract of employment’. From Kahn-Freund Labour & The Law (1983, p. 18)
Sources of the Employment Contract in the UK:
Express Terms Collective Bargaining Implied Terms Work Rules Custom and Practice Statute Awards under Statutory Provisions
Importance of ‘case law’ in interpreting legislation
Express Terms
Only in exceptional cases must the contract itself be in writing but most employees possess the right to receive a written statement not later than two months after entering employment including (see ERA 1996, s.1) : the names of the parties, the dates when (continuous) employment commenced,
the