Varying the contract

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  • Jones v F Sirl & Son (Furnishers) Ltd

    Date:
    1 September 1997
    Type:
    Law reports

    In Jones v F Sirl & Son (Furnishers) Ltd [1997] IRLR 493 EAT, the EAT held that in deciding whether an employee left employment in consequence of a fundamental breach of contract by the employer, the industrial tribunal must determine whether the repudiatory breach was "the effective cause" of the resignation. It does not have to be the sole cause.

  • Transfer of undertakings: ETO reason required for variation of contract on transfer

    Date:
    15 August 1997
    Type:
    Law reports

    In (1) Wilson and others v St Helens Borough Council (2) Meade and another v British Fuels Ltd, the Court of Appeal considers the position under the Transfer of Undertakings Regulations where employees' contracts of employment are terminated on a relevant transfer and they accept employment with the transferee on less favourable terms and conditions.

  • Deductions from wages: Employer entitled to vary collectively-agreed bonus scheme

    Date:
    1 October 1996
    Type:
    Law reports

    An employer was contractually entitled to make changes to an incentive bonus scheme without the consent of employees individually or their trade union representatives, holds the EAT in Airlie and others v City of Edinburgh District Council.

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

    Date:
    15 September 1996
    Type:
    Law reports

    In Mennell v Newell & Wright (Transport Contractors) Ltd, 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.

  • Dismissal: Imposition of new terms amounted to express dismissal

    Date:
    1 August 1996
    Type:
    Law reports

    The unilateral imposition of a continuous rolling shift pattern in place of the traditional shifts previously worked by employees in accordance with their contracts amounted to an express dismissal of those employees, who reserved their right to complain of unfair dismissal even though they worked under the new system, holds the EAT in Alcan Extrusions v Yates and others.

  • Contracts of employment: No mobility clause in shop worker's contract

    Date:
    15 June 1996
    Type:
    Law reports

    In Aparau v Iceland Frozen Foods plc the EAT overturns an industrial tribunal's decision that there was an express or implied term in an employee's contract of employment entitling the employer to move her, against her will, from one branch of its food stores to another.

  • Transfer of undertakings: Transfer Regulations preclude consensual variation of contract

    Date:
    1 May 1996
    Type:
    Law reports

    In Wilson and others v St Helens Borough Council, the EAT holds that the Transfer of Undertakings Regulations prohibit even a consensual variation in the terms and conditions of employment of employees transferred where the transfer of the undertaking is the reason for the variation

  • Redundancy: Relocation clause defeats redundancy claim

    Date:
    1 February 1995
    Type:
    Law reports

    An employee who agreed to relocate but later decided not to move was not dismissed by reason of redundancy, but rather because of his intention not to comply with the relocation clause in his contract, holds the EAT in Richardson and another v Applied Imaging International Ltd.

  • Contracts of employment: Employer's attempt to withdraw enhanced redundancy scheme fails

    Date:
    1 March 1993
    Type:
    Law reports

    An employer had no right to withdraw unilaterally its employees' contractual entitlement to enhanced redundancy payments, holds the High Court in Lee and others v GEC Plessey Telecommunications.

  • Unfair dismissal remedies: Increase in hours leads to unfair constructive dismissal

    Date:
    24 January 1989
    Type:
    Law reports

    A unilateral increase in hours of work without consultation constituted a breach of contract entitling employees to resign and claim constructive dismissal, the EAT holds in Humphreys & Glasgow Ltd v Broom and Holt*.