In Hepworth Heating Ltd v Akers and others  All ER (D) 33 (Jul) EAT, the Employment Appeal Tribunal held that the employer had not used an unlawful act to compel acceptance of a cashless pay system. The employees might have been unhappy with the new terms, but there had been no duress.
In International Packaging Corporation (UK) Ltd v Joseph Balfour and others, the EAT holds that a reduction in earnings resulting from the unilateral introduction of short-time working amounted to an unauthorised deduction from wages under the Employment Rights Act 1996, in circumstances where there was no power in the employment contract for the employer to introduce this change without the agreement of the employees.
This week's case round-up from Eversheds, covering significant decisions on: national minimum wage enforcement notices; and reductions in hours.
This week' s case round-up from Eversheds, covering: the right to vary hours and wages; and liability for stress-related illness.
An employer was in repudiatory breach of the implied trust and confidence term when its senior executives pressurised two City brokers to accept a variation to their contractual terms, which would have resulted in them being paid on a commission-only basis and losing valuable rights to fixed annual remuneration plus bonuses, the High Court holds in Cantor Fitzgerald International v Bird and others.
Our resident experts at Pinsent Curtis Biddle bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.
In Lutak v William West & Son (Ilkeston) Ltd, the EAT holds that, where a transferee could justifiably have dismissed an employee after the transfer of undertaking, but had chosen to redeploy him under its general terms and conditions rather than the employee's red-circled terms and conditions, the employment tribunal should have asked why there had been a change in terms and conditions.
In Ralton v Havering College of Further and Higher Education, the EAT holds that the expiry of fixed-term contracts and the introduction of new contracts on different terms following a transfer of an undertaking did not amount to a variation of contract, prohibited by the Acquired Rights Directive.
HR and legal information and guidance relating to varying employment contracts.