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.
A model letter to invite an employee to an individual consultation meeting to discuss the possibility of their dismissal and re-engagement on new terms.
A model letter to confirm that a change is being made to a term in the employee's contract of employment, where there is a contractual right to make that change.
A model letter to inform an employee that if they refuse to agree to a change in their contract of employment, the consequence may be the termination of their contract and an offer of re-engagement on the revised terms.
The employer in this case fell into the trap of assuming that, as long as it waited for a while (one year in this case) after a TUPE transfer, it could detrimentally alter the contractual benefits of employees who had transferred, in a bid to harmonise its workforce's terms and conditions.
The Employment Appeal Tribunal has confirmed that an agreed variation of an employment contract following a TUPE transfer is effective where the transfer is not the sole or principal reason for the variation.
The employer in this case wanted to make a blanket variation to its workforce's contractual notice periods. However, the employer got itself into the difficult position of varying the claimant's notice period, while the rest of the workforce refused the change.
The Employment Appeal Tribunal has held that, where an employer offers an incentive to employees to secure agreement to variation of their contracts, it is reasonable not to offer that benefit as part of an offer of re-engagement following dismissals for failure to agree.
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