ABSTRACT
The underlying purpose of arts 5 and 6 of the Rome Convention on the Law Applicable to Contractual Obligations 1980 is to protect consumers and employees. There are various conditions imposing territorial requirements which operate as touchstones to the operation of protected consumer contracts. The Act’s provisions relating to maternity, redundancy, written particulars of terms of employment, minimum periods of notice, and rights against unfair dismissal will apply irrespective of whether the law otherwise governing the employment contract is that of a part of the United Kingdom or not. In order to protect weaker parties, the underlying premise of art. 6 of the Rome Convention 1980 ensure special provision for individual contracts of employment. The freedom of party autonomy is skewed to ensure that the protection given to the consumer or employee by the mandatory rules is not subverted by the parties’ choice of the applicable law.
