Coming to Terms

1
Coming to Terms

• How to change your employees Terms Conditions
  of employment in the current economic
  climate
• 23rd September 2008     

2
This Morning
3
Warm-up Quiz
4

• Mark Legister
• WG Commercial

5
Variation

• Consensual
• (i) Expressed or implied
• Unilateral
• Consequences
• - Breach of Contract
• - Constructive unfair dismissal
• - Declaration

6
Flexibility Clause

• There are two types
• Specific
• General

7
Specific Flexibility Clause

• Place of work (Mobility)
• - Restrictions?
• Job duties
• - Restriction on flexible job titles?
• Hours of work
• - Restrictions?

8
General Flexibility Clause

• Example
• We reserve the right to vary this contract
  from time to time.

9
Practical ways of implementing a variation

• Hold a meeting and seek consent
• Dismiss and re-engage
• Remember statutory dismissal and
  dismissal procedure
• Incentives/Consideration for variation
• Phased introduction

10
TUPE Transfer Variations

• No variation permissible unless for an ETO reason
  
• Regulation 4 (5) ETO? Change in the job
  functions or numbers of the workforce as a whole
• What if the variation when viewed as a whole is
  ultimately for the benefit of the employee?
• Power v Regent Security Services Limited 2007

11
Practical steps to vary contracts of employment
following transfer

• Red circling/fencing
• Dismiss and re-engage
• Compromise potential claims
• Postpone the variation
• Provide consideration

12

• Quiz Time! A Team

13

• Scores round up

14

• Scores
• Who is the winner???

15

• Tea Coffee break

16
Smith Williamson Flexible Solutions

• Christopher Murray APMI
• Director
• Smith Williamson Employee Benefit
• Consultants

17

• Problems for HR
• How Flexible Solutions can help
• Whats in it for your staff?
• Sample screens

18
Problems for HR (some of your concerns?)

• Staff retention recruitment
• HR administration system
• Multiple record-keeping systems
• Lack of systems integration
• Security of personal data
• Poor management information

19
How SW Flexible Solutions can help

• Extensive staff data, comp benefits database
• Holiday booking absence management
• Full flex benefits admin system salary
  sacrifice
• Total reward statements
• Extensive reporting - provides valuable MI
• Secure online system

20
Whats in it for your staff?

• Can identify real value of employment package
• Can tune benefits to personal preference (if
  flex offered)
• Attractive discount club
• Plain English pension projections info
• Financially better informed
• Enhanced benefits through salary sacrifice

21
SW Sample Screen
22
SW Sample Screen
23
SW Sample Screen
24

• Nick Lambert
• WG Commercial

25
Agency Workers

• Why we are here
• The Bermuda Triangle

26
Agency Workers
27
Agency Workers

• Who / what is an employee?
• Can agency workers be employees?
• James v Greenwich Council

28
Agency Workers

• Avoiding agency workers becoming employees
• Changes to the law
• Summary

29

• Quiz Time! B Team

30

• Scores
• Who is the winner???

31

• QA

32

• We are here to
• help you through
• the credit crunch!