Fairness in the Contract of Employment
本文分析英国最高法院和高等法院近期关于雇佣合同的判决，认为尽管存在失望，但程序公正和实质公正方面有积极发展，并论证了雇佣合同中应明确承认并发展一项新兴的'公平'义务，最后以零时工合同为例说明实际应用。
Abstract Many labour law scholars in the UK are disillusioned with recent judicial decisions by the House of Lords and Supreme Court on the contract of employment. The argument made in this article is that, although there are good reasons for disillusionment with the Johnson v Unisys progeny, there have nevertheless been potentially some very positive developments for employees in recent decisions. On procedural fairness, the High Court has read in principles of ‘natural justice’ to the employment contract, whereas both High Court and Court of Appeal decisions seem to see courts intervening, at least in some areas, in the employment relation also on the grounds of substantive fairness. It is suggested here that these recent cases are evidence of a nascent duty of ‘fairness’ in the contract of employment, and the case is made for explicit recognition of, and development of, this duty. A practical application is provided, to finish, with the topical phenomenon of so-called ‘zero hours contracts’.