PROGRAMME

Understanding contracts

• where contractual terms come from
• contractual and non-contractual terms
• the importance of drafting
• the need to build in flexibility
• the consequences of getting it wrong
• reasons for varying a contract

Contractual terms

• express and implied terms
• specific terms
• pay, benefits in kind, garden leave, mobility and flexibility, mutual trust and confidence
• restrictive covenants
• breaches of terms
  

How a contract may be varied

• using the contract terms
• by agreement (express or implied)
• by unilateral (imposed) variation
• by dismissal and re-engagement
• consultation issues and practical considerations
• implications for redundancy/transfers
• remedies
• case law examples

Specific change situations

• changes to working hours and work-life balance
• the right to request flexible working
• working time
• mobility
• reorganisations and redundancies

Practical issues

• the potential for discrimination
• consultation issues
• overcoming objections

Transfers and mergers

• harmonising terms after a merger or sale
• TUPE or non-TUPE?
• consensual variation after TUPE transfer
• variation under the old contract
• consultation