Contract Terms

Question 1

A “no oral modification” clause is legally effective

Answer 1

Rock Advertising v MWB Business Exchange Centres [2018]

Question 2

written agreement must be the “true agreement” even regarding specific terms

Answer 2

Autoclenz v Belcher [2011]

Question 3

3 ways terms may be incorporated into individual terms of contract of employment

Answer 3

1. collective agreements
2. work rules/practices
3. statutory written statement of particulars of employment

Question 4

express terms of employment contract made orally can’t be mere statements of intention, they must be sufficiently clear and precise to amount to a binding commitment

Answer 4

Judge v Crown Leisure [2005]

Question 5

A “no oral modification” clause is legally effective in employment contracts

Answer 5

Rock Advertising v MWB Business Exchange Centres [2018]

Question 6

Presumption that collective agreements aren’t legally binding unless they’re in writing and it is stated that the parties intend to be bound by the agreement

Answer 6

s.179(1) Trade Union and Labour Relations (Consolidation) Act 1992

Question 7

Clauses from collective agreements which are regarding procedural are unsuitable for incorporation in the employment contract

Answer 7

British Leyland v McQuilken [1978] - clause for training if an employee might be made redundant

Question 8

Rare example of a collective agreement overriding the written statement of employment

Answer 8

Robertson v British Gas [1983]

Question 9

2 occasions where collective agreements aren’t appropriate for incorporation into individual employment contracts

Answer 9

1. when it is a mere objective, rather than a precise term - Malone v BA [2010]
2. when it is an aspiration - Kaur v MG Rover Group [2005]

Question 10

terms from staff handbooks may be incorporated into employee contracts

Answer 10

Keeley v Fosroc International [2006] and

Department for Transport v Sparks and others [2016]

Question 11

Modern approach for incorporation of ‘customs or practices’ into employment contracts - objectively if the employer didn’t want practice to have contractual effect, should have made it clear to employee.

Answer 11

Park Cakes v Shumba [2013]

Question 12

employer has a duty to provide the employee with a ‘written statement of particulars’ of the contract of employment within two months of the commencement of employment

Answer 12

s.1 ERA 1996

Question 13

The statutory written statement of particulars (s.1 ERA) is strong prima facie evidence of the terms but doesn’t constitute a written contract between the parties because it is only the employer’s view of what the terms of the contract are.

Answer 13

System Floors v Daniel [1982] - signed contract with wrong date on it which affected his continuity of employment

Question 14

There is an implied term of mutual trust and confidence which obliges the employer not to act without reasonable and proper cause

Answer 14

Malik v BCCI [1998] per Lord Steyn