Centre for Law at Work Event: 'Consent in Contracts of Employment'

1 July 2022, 4.00 PM - 1 July 2022, 6.00 PM

The Lady Hale Moot Court, 8-10 Berkeley Square

The Centre for Law at Work is pleased to host Guy Davidov (PDF, 129kB) (Professor of Law, The Hebrew University of Jerusalem) and Maayan Niezna (PDF, 126kB) (Lecturer, Kent Law School) on Friday 1st July 2022 to present on 'Consent in Contracts of Employment'.

Abstract
Consent in contracts of employment is inherently questionable, and should be understood as a continuum that includes some level of coercion and some level of choice. Yet beyond the principle of non-waivability (which does not always apply), labour law does not deal with this difficulty in a systematic manner, and there are several contexts in which consent is legally valid or at least legally meaningful. We list some possible solutions (many of them found in existing laws of different legal systems), which can be divided into two groups: procedural rules designed to increase the chance of free and informed consent, and substantive standards that invalidate consent in some instances due to public policy considerations. We then move to discuss six different contexts in which consent by employees is currently legally valid or meaningful, at least in some countries. For each of these contexts we explain the current law and then suggest the appropriate solutions from the “menu” of procedural and substantive solutions previously discussed. The six contexts are: variation of contractual terms, waiver of access to courts, waiver of legislated rights (where allowed, specifically with regard to working time), waivers related to human rights (such as privacy), agreement to allow unilateral changes of terms by the employer, and assumption of substantive risks including by indirectly waiving employee/worker status.

If you wish to attend this hybrid event, please register via Eventbrite

Please note the event will be held in person in The Moot Court, 8-10 Berkeley Square. If you are joining online, you will receive the Zoom joining link via your registration confirmation. 

Further Information
If you would like to know anymore about the above event, please contact the co-directors or Centre Executive Assistant, Paige Spicer.

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