The Law on Contract Changes Scenarios and Solutions Introduction Neil Todd of Thompsons Solicitors.

Slides:

Advertisements

Similar presentations

EMPLOYMENT CONTRACTS: WHAT IS IMPLIED AND WHAT IS NOT? RICHARD J. GILBORN, Q.C., April 30, 2004.

Advertisements

Employment law: key points Need to be aware of where law comes from: statute law common (case) law EU law codes of practice Distinguish civil vs. criminal.

Federal and State IR Systems Dave Robinson UnionsWA.

CHAPTER 3 Implied terms of law. Implied terms of law Some terms may be implied into all contracts of employment. This means that some obligations must.

CHAPTER 2 The sources of contractual terms. Introduction This section concerns the contract of employment and how it comes into existence. It is important.

Government Powers (Division of Powers) National Government State Government Powers Granted Powers Denied Delegated Powers Reserved Powers Concurrent Powers.

EMPLOYMENT LAW ISSUES IN AN ECONOMIC DOWNTURN – CHALLENGES FOR EMPLOYERS ITBA EXPO 2010 Maura Connolly, Partner and Head of Employment Law Group Eugene.

CHAPTER THIRTEEN INDIVIDUAL LEGAL PROTECTION. Objectives of this chapter Understand how individual legal protection has grown in recent decades within.

Dismissal and Redundancy Dr Katarzyna Gromek-Broc.

Redundancy and Restructuring Jane Klauber 10 May 2011.

Peter McInnes – McDowell Purcell Solicitors 26 May 2009

CONDUCTING SECTION 188A ENQUIRIES. Introduction The proposed amendments to section 188A of the Labour Relations Act may result in increased usage of the.

Varying terms and conditions of employment S’bu Gule Chairman Norton Rose Fulbright South Africa 31 July 2013.

Employees’ rights to discretionary benefits

The termination of the Employment contract

Workplace issues: learning from the frontline Changing terms and conditions Carla Bennett 27 March 2013.

Teachers and The Law 7 th Chapter 2 Do I Have A Contract? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D.

Dismissal and Redundancy

SR EMPLOYMENT LAW & HR CONSULTANCY LTD

Overview of UK Employment Law

NGSU Regional Councils – Feb/Mar 2014 Employment Contracts Nationwide Group Staff Union.

CHAPTER 11 Variation, breach and termination of the contract of employment.

Employment Law Basics. ©SHRM 2008 Welcome to Coffee Bistro.

CHAPTER 12 Unfair dismissal (1): Exclusions and the meaning of dismissal.

PEOPLE RESOURCING Chapter Thirteen The New Employee.

UNITE Legal Briefing Employment Law Reforms in March 2013 Rob Smith.

Human Resource Management, 4th Edition © Pearson Education Limited 2004 OHT 11.1 Chapter 11 Objectives The place of the contract in the employment relationship.

Law & Ethics Lucy McRoberts Liaison Day October 2010 Professional, Practical, Proven.

The Building and Construction Industry Security of Payment Act 2002 (Vic) made simple Western Suburbs Law Association Tuesday 4 June 2013 Michael Heaton.

Partnership of Public Employers Legal Update Audrey Williams, Partner – Eversheds LLP October 2011.

Providing a service? The new TUPE Regulations. Stephen Cavalier Richard Arthur Thompsons Solicitors.

The Law on Contractual Changes IER 10 th October 2012.

A General Introduction to Contract. Definition of a contract A contract is an agreement between competent parties based on the genuine assent of the parties,

NEW CODIFICATION OF PRIVATE LAW IN THE CZECH REPUBLIC Impact on Contract Law.

South-Western Publishing©2002 By Charles J. Jacobus Real Estate Principles Ninth Edition Real Estate: An Introduction to the Profession Ninth Edition South-Western.

Chapter 11 Real Estate Contracts The signing of a valid real estate contract is the keystone of a real estate transaction.

Photo: © Tourism Toronto, 2003 EMPLOYMENT LAW UPDATE FOR CHUBB WEBCAST ON JUNE 8, 2010 Jeffrey E. Goodman - Partner.

The new labor legislation - More flexibility for companies? Mihai Anghel.

Section 4.1 Agreements and Contracts Section 4.1 Agreements and Contracts A contract is any agreement enforceable by law.

Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e By David Schimmel, Leslie R. Stellman,

Employment law CONTRACT OF EMPLOYMENT. Contract of employment Contract of employment and contract of self- employment – fundamental importance Contract.

HR Practice The legal background. Introduction Why legislation is important The distinction between employees and workers Acts and Regulations.

1 VICTIMISATION AND TRADE UNIONISTS : THE LEGAL ARGUMENTS Neil Johnson Thompsons Solicitors.

This equipment was donated by Thompsons solicitors Employment Law Update: Protecting Vulnerable Workers; Promoting Equality at Work Wednesday 4 th October.

BUSINESS LAW FALL 2012 Employment Law I. Employment Relationships Labor and Management Relations  Unions are developed because of disagreements between.

CONTRACTS Chapter 9 Introduction to Contracts. CONTRACTS A AGREEMENT between two or more persons the PERFORMANCE of which the law considers to be an OBLIGATION.

E-information and Copyright in Botswana: the Library Exception By KGOMOTSO F. RADIJENG Law Librarian (University of Botswana)

IPU Seminar Sunday 28 th February 2010 Negotiating Terms and Conditions of Employment Dermot Casserly Partner Beauchamps Solicitors.

TERMS OF A CONTRACT.

This equipment was donated by Thompsons solicitors Employment Law Update: Protecting Vulnerable Workers; Promoting Equality at Work Wednesday 4 th October.

Corporate and Business Law (ENG). 2 Section C: Employment Law Designed to give you knowledge and application of: C1. Contract of employment C2. Dismissal.

Managing headcount in difficult times The legal do’s and don’ts David Cross, Partner.

Annual Review of Employment Law Northern Ireland 2012.

Ethics and the Conduct of Business

Chapter 11 Real Estate Contracts

Officials’ Conference 17 January 2017

Redundancy Statutory remedy under ERA 1996 Meaning see pg. 121

SESSION 11 – SPECIALIST TERMS

Contracts & Arbitration.

Course : Human resource management

Ronald F. White, Ph.D. College of Mount St. Joseph

Certificate in Human Resource Management Employment Law Session Three Change and Reorganisation 1/1/2019.

LAW ELEMENTS OF A CONTRACT.

Workplace issues: learning from the frontline

Overview 1.The Law 2. Time Limits 3. Compensation if you win

Wrongful Dismissal.

Workplace Issues Learning from the Frontline

The Law on Contractual Changes

xxxxxxxxxxxxxxx Contracts: Agreements with legal consequences

Presentation transcript:

The Law on Contract Changes Scenarios and Solutions Introduction Neil Todd of Thompsons Solicitors

Law on Contract Changes Identifying Contractual Terms and the requirements set out under section 1 and 4 of the Employment Rights Act 1996

Law on Contract Changes The 4 Types of Terms in an Employment Contract 1.Express Terms 2.Implied Terms 3.Incorporated Terms 4.Statutory Terms

Law on Contract Changes There are also 4 Ways to vary a contract 1.Variation by Agreement Does the variation require agreement? Bonus Schemes Notification of Amendment Implied agreement

Law on Contract Changes 2.Contractual Right to Vary Accommodation within an existing term Flexibility clauses

Law on Contract Changes 3.Collective Agreements How terms become incorporated Express incorporation Implied incorporation Termination of a Collective Agreement

Law on Contract Changes 4.Unilateral Variation Accept the Breach Stand and Sue Constructive Dismissal Unfair Dismissal Refusal to Work under new terms

Law on Contract Changes Tactics 1.The Contract is sacrosanct 2.UDW/Breach of Contract 3.Declaration/Unfair Dismissal 4.Constructive Dismissal 5.Challenging SOSR

Law on Contract Changes Tactics continued – Additional arguments 1.Protective Award 2.Protection from Inducements

Law on Contract Changes Conclusion