Workplace issues: learning from the frontline Changing terms and conditions Carla Bennett 27 March 2013

Law on Contract Changes Overview: Statement of particulars Types of contractual terms Varying the contract – how and in what ways? Tactics

Law on Contract Changes S1 Employment Rights Act 1996 (‘ERA’) Must be provided within 2 months of start of employment Must include specific details Not a contract, but evidence of agreed terms S4 ERA 1996 – Notification of changes Section 11 claim – Southern Cross Healthcare Co Ltd v Perkins and ors [2010] EWCA civ 1442

Law on Contract Changes The 4 Types of Terms in an Employment Contract 1.Express Terms 2.Implied Terms 3.Incorporated Terms 4.Statutory Terms

Law on Contract Changes There are 4 ways to vary a contract: By agreement Contractual right to vary Collective agreements Unilateral variation

Law on Contract Changes 1.Variation by Agreement Express Implied - Aparau v Iceland Frozen Foods [2000] ICR 341 and GAP Personnel Franchises Ltd v Robinson UKEAT 0342/07 Non – contractual provisions Discretionary bonus schemes – Attrill v Dresdner Bank [2012] EWHC 1189

Law on Contract Changes 2.Contractual Right to Vary Flexibility clauses –Mobility clauses – United Bank v Akhtar [1989] IRLR507 –Bateman and ors v Asda Stores ltd [2010] IRLR 370 Approach by the courts: –Clear right to vary –Not used to produce an unreasonable result but see Home Office v Evans & anor [2008] ICR 302

Law on Contract Changes 3.Collective Agreements Incorporated into the contract Express incorporation – City of Edinburgh Council v Brown [1999] IRLR 208 Implied incorporation – Henry v London General Transport Services [2002] IRLR 472 Apt for Incorporation – Kaur v MG Rover Group Ltd [2005] IRLR 40, Malone and ors v British Airways [2010] IRLR32

Law on Contract Changes 4.Unilateral Variation Accept the Breach Stand and Sue/Declaration UDW Declaration Dismissal - Hogg v Dover College 1990 ICR 399 imposition of new terms can result in dismissal of old contract and entry into new contract Q. was the dismissal fair? SOSR or redundancy -Garside and Laycock Ltd v Booth UKEAT/2011/0003 Refusal to Work under new terms – Robinson v Tescom Corpn – [2008] IRLR408

Law on Contract Changes Tactics 1.The Contract is sacrosanct 2.UDW/Breach of Contract 3.Declaration/Unfair Dismissal 4.Constructive Dismissal 5.Challenging SOSR – Garside and Laycock Ltd v Booth UKEAT/2011/ Protective Awards

Law on Contract Changes Conclusion