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The Law on Contractual Changes

This overview addresses the law on contractual changes, focusing on employment contracts under the Employment Rights Act 1996 (ERA). It discusses the types of contractual terms, including express, implied, incorporated, and statutory terms. The text outlines how contracts can be varied through different means: by agreement, contractual rights, collective agreements, and unilateral variations. It also delves into relevant case law that impacts these variations, providing crucial tactics for both employers and employees in navigating contract changes effectively.

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The Law on Contractual Changes

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Presentation Transcript

  1. The Law on Contractual Changes IER 10th October 2012

  2. Overview: Statement of particulars Types of contractual terms Varying the contract – how and in what ways? Tactics Law on Contract Changes

  3. S1 Employment Rights Act 1996 (‘ERA’) Must be provided within 2 months of start of employment Must include specific details Not a contract, but evidence of agreed terms S4 ERA 1996 – Notification of changes Section 11 claim – Southern Cross Healthcare Co Ltd v Perkins and ors [2010] EWCA civ 1442 Law on Contract Changes

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

  5. There are 4 ways to vary a contract: By agreement Contractual right to vary Collective agreements Unilateral variation Law on Contract Changes

  6. Variation by Agreement Express – what about duress? Implied - Aparau v Iceland Frozen Foods [2000] ICR 341 and GAP Personnel Franchises Ltd v Robinson UKEAT 0342/07 Non – contractual provisions Discretionary bonus schemes – Attrill v Dresdner Bank [2012] EWHC 1189 Law on Contract Changes

  7. Contractual Right to Vary Flexibility clauses Mobility clauses – United Bank v Akhter [1989] IRLR507 Bateman and ors v Asda Stores ltd [2010] IRLR 370 Approach by the courts: Clear right to vary Not used to produce an unreasonable result but see Home Office v Evans & anor [2008] ICR 302 Law on Contract Changes

  8. Collective Agreements Incorporated into the contract Express incorporation – City of Edinburgh Council v Brown [1999] IRLR 208 Implied incorporation – Henry v London General Transport Services [2002] IRLR 472 Apt for Incorporation – Kaur v MG Rover Group Ltd [2005] IRLR 40,Malone and ors v British Airways [2010] IRLR32 In a Tupe situation – Parkwood Leisure v Alemo – Herron [2010] UKSC 0035 Law on Contract Changes

  9. Unilateral Variation Accept the Breach Stand and Sue/Declaration UDW Declaration Dismissal - Burdett-Coutts and ors v Herfordshire CC [1984] IRLR 91 notice of variation - Garside and Laycock Ltd v Booth UKEAT/2011/0003 Refusal to Work under new terms – Robinson v Tescom Corpn – [2008] IRLR408 Law on Contract Changes

  10. Tactics The Contract is sacrosanct UDW/Breach of Contract Declaration/Unfair Dismissal Constructive Dismissal Challenging SOSR – Garside and Laycock Ltd v Booth UKEAT/2011/0003 Law on Contract Changes

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

  12. Conclusion Law on Contract Changes

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