Commentary

(a) The work/wages bargain

Division BI Pay
| Commentary

(a) The work/wages bargain

| Commentary

(2)     Duty to pay wages at common law

(a)     The work/wages bargain

As explained above, the contract provides the starting point for any discussion about pay. The employer's obligation to provide remuneration to the employee is generally regarded as a fundamental ingredient of a contract of employment. The frequently quoted definition of an employment contract (traditionally referred to as a 'contact of service') set out by MacKenna J in Ready Mix Concrete v Minister of Pensions and National Insurance [1968] 2 QB 497 at 515, [1968] 1 All ER 433 accords with this view:

''A contract of service

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