Podcast Location:
Download it here [file size: 18.6 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This two part CPDcast series - produced in association with the Industial Law Society - aims to provide a comprehensive discussion of the role that imagination has played in the pushing of contractual boundaries in employment law and places particular emphasis on the origins and development of the implied term as to mutual trust and confidence and the implied contract of employment.

Outcomes:
After completing the course you will:
  • Understand the origins of the discussion's title;
  • Understand why, for the purposes of illustrating the importance of imagination, implied terms are such a fertile field;
  • Know the origins and development of the implied term as to mutual trust and confidence;
  • Appreciate the significance of the case of Courtaulds Northern Textiles Ltd. v Andrew and its consequences;
  • Know the facts and causes of action in the case of Scally v Southern Health and Social Services Board;
  • Understand what happened at first instance in the case of Scally.
Level:
General Interest Difficulty: 2 of 5
Classification:
Introduction
Sources and References:
  • Courtaulds Northern Textiles Ltd. v Andrew [1979] IRLR 84;
  • Gogay v Hertfordshire County Council [2000] IRLR 703;
  • Scally v Southern Health and Social Services Board [1991] IRLR 522;
  • Johnson v Unisys [2001] IRLR 279;
  • Addis v Gramophone Co Ltd [1909] AC 488;
  • Mahmud v. BCCI [1998] AC 240.

This CPDcast has been produced in association with the Industrial Law Society and stems from a talk given by Frederic Reynold QC at the Society's Oxford Conference 2009. For more information please visit the Society's website.

In this two part CPDcast series, Frederic Reynold QC, a barrister at Old Square Chambers, examines the use and limitations of imagination when discussing contractual issues in employment law.

In this part, Freddy explains why imagination and employment litigation are linked and examines the origins and development of the implied term as to mutual trust and confidence. He also analyses the case of Scally v Southern Health and Social Services Board.

In part two, Freddy continues his analysis of the case of Scally v Southern Health and Social Services Board and discusses the limitations to which the imaginative solution to an otherwise intractable problem may be prone particularly when dealing with the implied contract of employment.

Podcast last reviewed: 2012-01-30

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