Essential guide to managing and changing employment contracts

Course Overview

This seminar looks at how contracts of employment are constructed and, more importantly, how the employer can change the contract without incurring legal liability and maintaining good industrial relations at the same time. We will examine how to minimise risks when changing contracts. Our speakers will provide practical advice on how to lawfully deal with the issues that may arise and how to avoid claims and disputes.

We will also consider some of the more difficult legal areas concerning contractual change. When is it necessary to consider the need to collectively consult? Full consideration will be given to how the transfer of undertaking regulations affects the contractual situation and we will consider how changes can be made in a business transfer situation and will consider how changes can be made in a business transfer situation and will consider how effective change will be.

Audience

• Personnel and HR professionals
• Directors with HR experience
• Managers
• In-house lawyers

Skills Gained

This is your opportunity to:

• Find out exactly what a contract of employment is and what is/is not contained in it
• Discover the difficulties and dangers employers face in changing them
• Learn of practical and legal solutions to problems that occur
• Detect the best ways of implementing changes and minimising the risks involved
• Quiz the professionals on any aspects of changing contracts

Course Outline

What is a contract of employment?

• The formulation of the contract
• Express terms - do these need to be in writing?
• Implied terms - discussing the impact of custom and practice
• Incorporated terms - interaction of documents such as contract offer letters and handbooks
• Characteristic terms - consideration of industry standards
• Statutory terms - how a legal change can override the contract of employment
• The written statement of terms and conditions

Changing the contract of employment

• Industrial action - discussions with unions and workplace forums
• Breach of contract
• Deductions in wage
• Unfair dismissal and considering the need to collectively consult
• Constructive dismissal
• Financial exposure
• Changing the contract and consent
• Changes in work practices
• Drafting for flexibility - using flexibility clauses and behaving reasonably

Changing the contract and consent

• Managing change
• Managing the work force
• When can consent be relied upon

Avoiding the risks of changing the contracts

• Some other substantial reason (SOSR)
• The pressing business need
• Consultation with your employees
• Notice of change and dealing with grievances
• Can people bring claims - assessing the likely costs of a claim

TUPE

• Background
• Commercial transactions
• Effect on contracts of employment - harmonisation of terms in a TUPE situation
• Issues for the transferee
• Recent developments

Case study

With the use of case studies we will examine how careful consideration of your contracts and other documentation can help you manage your business effectively and help you make changes when they are necessary. We will consider the strategies for change and highlight the easy mistakes that can cause claims and assess the most effective steps for minimising such losses.

Speakers

Paula Rome:

Paula Rome is an associate at Shoosmiths Reading. In addition to advising companies and individuals on various aspects of employment law she offers training to a wide range of organisations on employment law and its practical implications. Paula qualified in 1993 and practiced for 5 years before making the move to become a full time trainer. In 2006 Paula returned to practising as a solicitor. Paula is a frequent article writer and speaker at employment law conferences. She is a contributing author of Croner's "Managing Equality and Diversity" and "Managing the Internationally Mobile Employee". Paula also co-authored "Reviewing and Changing Contracts of Employment".

Eugene Wojciechowski:

Eugene is a partner in Shoosmiths' Employment and Pensions Unit. He has a wide range of experience in dealing with both contentious and non-contentious employment law issues including drafting employment contracts, service agreements and other employee related documentation; advising on restructuring and multi-jurisdictional sales and acquisitions; and representing clients in respect of employment tribunal claims. He is a skilful employment tribunal advocate and has acted for clients in a wide range of complex discrimination disputes. Eugene is also a member of the Chartered Institute of Personnel and Development and Employment Lawyers Association. He lectures regularly on employment law topics.

Essential guide to managing and changing employment contracts / CM032340