At this time of year, it is natural to look back and take stock of the last 12 months, and employment lawyers are no different. Looking back over 2012, we have noticed a clear trend from the cases which emphasise the ability of employer and employee to set the terms by which they will agree to work together. But as the tag line goes, with great power comes great responsibility, and the counter-part to this freedom is that the Courts have shown that they will not necessarily come to the aid of a party who has made a bad or unexpected bargain.

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