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Industrial Law Journal 1999 28(3):205-231; doi:10.1093/ilj/28.3.205
© 1999 by Industrial Law Society
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Statement or contract? - Some reflections on the EC Employee Information (Contract or Employment Relationship) Directive after Kampelmann

J Kenner

International Centre for Management, Law and Industrial Relations, University of Leicester, Leicester, UK

When the Contracts of Employment Act was adopted in 1963, as part of a programme of modernisation through regulation of aspects of the employment relationship, the goal of the legislators was to ensure that employers made essential contractual information available to their employees without impinging on the autonomy of the parties to conclude their own contractual bargain. How much evidential weight should an Employment Tribunal give to the statutory statement in seeking to establish the terms of the contract of employment? The EC Directive on Employee Information (91/533/EEC) has added a Community dimension to what was once a purely domestic issue. This article examines the impact of the Directive on the statement or contract question in the light of recent guidance from the European Court of Justice in Kampelmann [1998] IRLR 333. As Community law has built upon national law have employees been provided with additional protection and is the employment relationship more transparent?


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