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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.

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The law on contract changes

The Law on Contract Changes

Scenarios and Solutions

Introduction

Neil Todd of Thompsons Solicitors


Law on contract changes
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 changes1
Law on Contract Changes

The 4 Types of Terms in an Employment Contract

  • Express Terms

  • Implied Terms

  • Incorporated Terms

  • Statutory Terms


Law on contract changes2
Law on Contract Changes

There are also 4 Ways to vary a contract

  • Variation by Agreement

  • Does the variation require agreement?

  • Bonus Schemes

  • Notification of Amendment

  • Implied agreement


Law on contract changes3
Law on Contract Changes

  • Contractual Right to Vary

  • Accommodation within an existing term

  • Flexibility clauses


Law on contract changes4
Law on Contract Changes

  • Collective Agreements

  • How terms become incorporated

  • Express incorporation

  • Implied incorporation

  • Termination of a Collective Agreement


Law on contract changes5
Law on Contract Changes

  • Unilateral Variation

  • Accept the Breach

  • Stand and Sue

  • Constructive Dismissal

  • Unfair Dismissal

  • Refusal to Work under new terms


Law on contract changes6
Law on Contract Changes

Tactics

  • The Contract is sacrosanct

  • UDW/Breach of Contract

  • Declaration/Unfair Dismissal

  • Constructive Dismissal

  • Challenging SOSR


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Law on Contract Changes

Tactics continued – Additional arguments

  • Protective Award

  • Protection from Inducements



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