The course will cover
- Express terms – a duty to operate reasonably? –United Bank v Akhtar – collective terms
- Implied terms – mutual trust and confidence – custom and practice
- Interaction with statutory rights – maternity – minimum wage – working time – TUPE – flexible working – Barber v RJB Mining
- Illegality – Wheeler v Quality Deep Ltd
- Restrictive covenants – reasonability – restraint of trade
- Contractual benefits – PHI – Aspden v Webbs Poultry
- Variation – Hogg v Dover College – Rigby v Ferodo
- Termination – frustration – notice
- Wrongful dismissal
- Constructive dismissal – Omilaju v Waltham Forest LBC
- Actions for breach of contract – court of tribunal? – declarations - grievance procedures
- Compensation for Breach of Contract – Clark v BET – Horkulak v Cantor Fitzgerald – Clark v Nomura
Learning objectives
At the end of the course participants will be able to:
- Understand how terms are incorporated into contracts
- Recognise the relative importance of contractual and statutory terms in the employment relationship
- Explain the operation of PHI contractual benefits
- Analyse the issues raised by variation of contractual terms
- Describe the remedies for breach of contract
Course duration - one day 10.00 to 4.15
CPD Law Society/ILEX/Bar Council - 5 hours
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