Understanding Precedents in the Employment Contract

This event is in the past
Thu, 26th Sep 2019
Royal College of Obstetricians and Gynaecologists (National)
Venue Address:
Royal College of Obstetricians and Gynaecologists, 27 Sussex Place, Marylebone, London NW1 4RG
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Event Type:
9.15am for a 9.30am start to 4.00pm
CPD hours:
Spaces Available
Understanding Precedents in the Employment Contract
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Fee: £250 + VAT. There is a 20% early bird fee until 12 July 2019, a 50% discount for voluntary sector organisations, pupil barristers/barristers under 2 years call and 30% out of region discount.

A real look under the bonnet of common clauses in the employment contract.  While this course is aimed to help junior employment lawyers understand the precedents they work with, it will also be valuable for more senior lawyers to cement their understanding of specific clauses and ensure they are up to date with relevant case law.


Chair: Harriet Bowtell, Jones Chase and member of the ELA Training Committee

9.15am Registration

9.30am  Identifying contractual provisions
Emma Clark, Keystone Law

  • Express terms/Implied terms 
  • Contractual discretion 
    • Mobility clauses, bonuses, share options

10.00am Termination
David Samuels, Lewis Silkin

  • Payment in lieu of notice (when you want one, Geys, how to operate, what is included)
  • Termination without notice (review of standard provisions, wording, implications of implementing)
  • Termination during incapacity and incapacity clauses (medical examinations, consent, PHI – recent cases)
  • Micklefield clauses
  • Change of control
  • Reconstruction and amalgamation

11.15am  Tea/coffee

11.30am  Restraint of trade and business secrets
Gareth Brahams, BDBF LLP

  • Confidentiality clauses
  • Garden leave
  • Restrictive covenants
    • Key drafting principles
    • Need for consideration
    • Intellectual property

12.45pm Data protection
Daniel Pollard, GQ Littler

  • Consent vs fair processing notice
  • Monitoring
  • Compliance

1.15pm  Lunch

2.00pm Entire agreement clauses and Variation
Shona Newmark, Jones Chase

  • Why have an entire agreement clause?
  • What is in an “Entire Agreement Statement”?
  • How does it interact with misrepresentation and non- reliance?
  • The formalities of a variation clause, mutual or unilateral.
  • Restricting a variation, when would you want to and how

3.00pm  Tea/coffee

3.15pm  Third party rights, Governing law and Jurisdiction
Robert Lewis, Farrer & Co

  • How does the Contract (Rights of Third Parties) Act 1999 operate?  In what circumstances might you want to exclude its provisions?
  • How much control does an employer really have on the governing law of an employment relationship?
  • Is an exclusive jurisdiction clause worth the paper it’s written on?

4.00pm  Close of course