Podcast Location:
Download it here [file size: 18.9 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:
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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:
  • Know how the case of Scally was handled in the Northern Ireland Court of Appeal and the House of Lords;
  • Understand the limitations of imagination when dealing with the implied contract of employment;
  • Understand the reasoning of the case of Baird Textiles v Marks and Spencer;
  • Know the judgment in the Court of Appeal in Franks v Reuters;
  • Appreciate the significance of the decision in Dacas v Brook Street Bureau;
  • Understand how the case of Dacas influenced the rulings in Cable and Wireless v Muscat and James v Greenwich LBC.
Level:
General Interest Difficulty: 2 of 5
Classification:
Introduction
Sources and References:
  • Scally v Southern Health and Social Services Board [1991] IRLR 522;
  • Johnstone v Bloomsbury Health Authority [1991] ICR 269;
  • Baird Textiles Holdings Ltd v. Marks & Spencer plc [2001] EWCA Civ 274;
  • Franks v Reuters, [2003] EWCA Civ 417;
  • Brook Street Bureau (UK) Ltd v Dacas [2004] EWCA Civ 217;
  • Cable & Wireless v. Muscat [2006] ICR 975;
  • James v Greenwich London Borough Council: [2008] EWCA Civ 35.

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 part one, Freddy explained why imagination and employment litigation are linked and examined the origins and development of the implied term as to mutual trust and confidence. He also analysed the case of Scally v Southern Health and Social Services Board.

In this part, 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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