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Interpreting Employment Contracts: Judges, Employers, Workers


  • Simon Deakin


This paper reports findings from a survey designed to estimate the numbers excluded from employment protection in the UK by the ‘employee’ test and to examine, through qualitative research, perceptions of the process of employment contracting. The survey evidence shows that approaching one third of the labour force does not fit neatly into the categories of ‘employee’ and ‘self-employed’. The case studies suggest that there is a considerable disjuncture between the assumptions of choice, control and risk that underlie the legal tests, and the perception of these issues by workers whose employment status is most in doubt.

Suggested Citation

  • Simon Deakin, 2003. "Interpreting Employment Contracts: Judges, Employers, Workers," Working Papers wp267, Centre for Business Research, University of Cambridge.
  • Handle: RePEc:cbr:cbrwps:wp267
    Note: PRO-2

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    contract of employment; employee; self-employed; employment protection;

    JEL classification:

    • J23 - Labor and Demographic Economics - - Demand and Supply of Labor - - - Labor Demand
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law

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