Exemption clauses: Contract of employment was "consumer contract"

Section 3 of the Unfair Contract Terms Act 1977, which applies as between contracting parties where one "deals as consumer" to prevent the other from excluding or restricting any liability of his or hers for breach of contract, extends to contracts of employment, holds the High Court in Brigden v American Express Bank Ltd 14.10.99 High Court. The employee "deals as consumer" as long as he or she neither makes the contract in the course of a business nor holds himself or herself out as doing so, and the employer does make the contract in the course of a business.