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Asserting statutory rights: Dismissal for refusing change in terms may be automatically unfair

This report relates to 1 case(s)

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    Mennell v Newell & Wright (Transport Contractors) Ltd [1996] IRLR 384 EAT (0 other reports)

In Mennell v Newell & Wright (Transport Contractors) Ltd [1996] IRLR 348, the EAT holds that an employee's dismissal for refusing to give his written consent to a new contract, which would allow the employer to make deductions from wages in order to recover training costs, could potentially amount to an automatically unfair dismissal on grounds of assertion of a statutory right. According to the EAT, the employer's threat of dismissal in order to impose a change in contractual terms may amount to an infringement, at the time the threat is made, of the employee's statutory right not to have deductions made from his wages without his freely given consent.