... detail the role played by the law, in the development of the employment relationship. Background The contract of employment is a contract that is freely entered into by the employer and employee, and both parties are considered equals. However, in reality the employee, who has to work to live and cannot usually negotiate terms and conditions of employment, is in a far weaker position than the employer is. Thus, the relationship is unbalanced and in regulating this relationship, the law is used in favour of the employer. "Laissez faire- let us do as we wish" was the predominant influence of the 19th century. This "liberalism"(Hyman 1975:132), gave the employers the ability to exploit workers as they saw fit, without government interference and although contracts were entered into freely, they would invariably be on the employers terms. Opposition to this exploitation resulted in increasing disputes culminating in the 1906 Trade Disputes Act. The ...

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