In holding that an employer did not fundamentally breach an employee's contract by failing to make her redundant, the Employment Appeal Tribunal has suggested that a redundancy situation will not arise where there is only a diminution in an employer's need for particular work to be carried out, rather than a reduction in the number of employees required to do that work.
In this case, the retailer Boots took a business decision to reduce long-serving workers' double time for Sunday and bank holiday working to time-and-a-half, but the employment tribunal found this to be an unlawful variation of the workers' terms and conditions of employment.
In Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence  IRLR 129 SC, the Supreme Court held that the principle in Johnson v Unisys Ltd that the implied term of trust and confidence does not allow recovery of damages for loss arising from the manner of dismissal applies equally to alleged breaches of express contractual terms.
The Court of Appeal has held that an employee who worked in the UK knowing that she did not have permission to do so was unable to claim discrimination against her unlawful employers, given that her illegal actions formed a material part of her discrimination claims.
A model letter informing an employee of frustration of his or her contract of employment.
The Employment Appeal Tribunal has affirmed the employment tribunal's decision that an employee who was unfairly dismissed because the employer believed his prison sentence frustrated his contract of employment was guilty of contributory conduct.
Additional information on the law on variation for local authority employers, including nationally negotiated changes incorporated into contracts and locally negotiated changes incorporated into contracts. To be read in conjunction with the general information on the law on variation.
In this test case, the employment tribunal found that an NHS trust had unlawfully amended its pay progression policy to provide that staff would be denied a pay rise if their sickness absence reached a certain level.
In the wake of the employment tribunal decisions in Michalak v Mid Yorkshire Hospitals NHS Trust and Browne v Central Manchester University Hospitals NHS Trust, in which former employees were awarded compensation of nearly £4.5 million and £1 million respectively, these five cases address various employment disputes that arose in the NHS.
In Smith and others v Trustees of Brooklands College EAT/0128/11, the EAT held that a variation of the contracts of employees transferred under TUPE was effective because the reason for the variation was not related to the transfer.
HR and legal information and guidance relating to contracts of employment.