Making and Varying Employment Contracts

Overview

Course duration: 1 day.

This course is run in partnership with JSB.

Gain a sound understanding of contract law and its application in the workplace, with special emphasis on handling contracts variations in line with changing business needs.

Contracts of employment remain at the heart of the employment relationship. Getting the contract right at the start is essential. But business needs change, so contracts may need to be varied.

Is it right for me?

Designed for HR and personnel professionals, employee relations managers, legal advisers and HR consultants.

What will I learn?

By the end of this course you will be able to:

• Understand the importance of contract law in the employment relationship
• Learn how to avoid legal pitfalls
• Advise on contract flexibility
• Know how to check and update employment contracts

What will it cover?

The employment process

• Individual contracts and collective agreements
• Continuity of key rights
• Termination of employment

Contracts of employment – the basics

• Meaning and formation of ‘contract’
• Fundamentals of employment contracts
• ‘Employees’ and ‘workers’
• Types of contract

Varying contracts – the legal context

• Making the contract
• Express and implied terms
• Written particulars

Changing contract terms

• Express and implied variation
• Agreed and unilateral variation
• Acceptance and non-acceptance
• Dismissal and re-employment
• Individual and collective consultation

Special cases

• Business reorganisation and redundancy
• TUPE and changing contract terms
• Flexible working requests
• Changes to working hours

Practical management issues

• Defending business needs
• Producing a ‘sellable’ product
• Consultation, agreement and persuasion
• Overcoming objections
• Maintaining employee communication
• Defending subsequent tribunal proceedings