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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 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
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