The session explored how the law of the employment contract might develop. Particular attention is paid to wider developments in the law of obligations such as the recognition of the importance of fair dealing and the significance of relational contracts. The potential impact of those developments in specific dimensions of the contract will be assessed including:
– Categorisation of contractual arrangements
– Allocation of risk for losses incurred in the course of employment
– Unconscionable terms
– Damages for breach
The conclusion is reached that the key drivers for change will remain (as they have done for some years) judicially recognised attributes of the employment contract such as disparity in bargaining power.