Updated to include information on Hills v Niksun Inc, concerning the burden of proof in establishing if contractual discretion was exercised reasonably.
Practical guidance on drafting an employment contract, including the written statement of particulars; formation of the contract; variation clauses; mobility clauses; collective agreements; probationary periods; confidentiality clauses; garden leave clauses; and post-termination restrictions.
This case is a good example of how the terms of a staff handbook that is stated to be non-contractual can still be incorporated into an employee's contract of employment.
In Bateman and others v Asda Stores Ltd EAT/0221/09, the EAT held that the employer was entitled to change its employees' pay arrangements without their consent because it had reserved a clear contractual right to make unilateral variations to their terms and conditions of employment.
The Employment Appeal Tribunal has held that an employer can reserve the right to vary employees' contracts unilaterally. Although varying a contractual term without notice or consultation can amount to a breach of the implied term of mutual trust and confidence, it was not asserted that there had been such a breach in this case and the employer's unilateral variation of a pay regime was therefore valid.
Practical guidance on writing and amending an employee handbook, including incorporation into the employment contract and varying the contract.
This week's case round-up from Eversheds, covering turning policies into contractual rights.
HR and legal information and guidance relating to the contractual status of the contents of staff handbooks.