Abstract
Employment law practioners in Scotland and Germany have seen several recent cases of varying authority dealing with the unfairness of standard terms in employment contracts. The objective of this paper is to assess and compare two potential legal responses to the unfairness of terms: the implication of terms and the relevant statutory regimes on Unfair Contract Terms in both jurisdictions. A particular focus will be on clauses regarding the employee’s place of work and renumeration. As a result of the comparative study, the author will come to the conclusion that German courts are more inclined to interfere with contractual terms than their Scottish counterparts, the latter putting a stronger emphasis on the doctrine of freedom of contract.
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