University of Huddersfield. I am grateful to Pascale Lorber, University of Leicester, and the anonymous reviewer for their comments on an earlier draft of this note. Responsibility for all errors and omissions is mine.
A Purposive Approach to Employment Protection or a Missed Opportunity?
Version of Record online: 3 MAY 2012
© 2012 The Authors. The Modern Law Review © 2012 The Modern Law Review Limited
The Modern Law Review
Volume 75, Issue 3, pages 427–436, May 2012
How to Cite
McClelland, J. (2012), A Purposive Approach to Employment Protection or a Missed Opportunity?. The Modern Law Review, 75: 427–436. doi: 10.1111/j.1468-2230.2012.00911.x
- Issue online: 3 MAY 2012
- Version of Record online: 3 MAY 2012
This note discusses how far the Supreme Court judgment in Autoclenz Ltd v Belcher and others provides grounds for a purposive interpretation of the contract of employment for employment protection purposes, or whether its scope is limited to the specific issue of considering the validity of boilerplate contractual terms. The author reflects on the approach taken by the Supreme Court and how far issues of inequality and substantive fairness within employment relationships have been addressed. The note concludes that whilst the judgment has extended the context of facts to be considered to include a consideration of relative bargaining power, this in itself does not extend to a consideration of substantive fairness nor does it clarify the standards that should apply to a fair employment relationship.