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Varying contracts

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  • Date:
    15 August 1997
    Type:
    Employment law cases

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

    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.

  • Date:
    1 August 1996
    Type:
    Employment law cases

    Dismissal: Imposition of new terms amounted to express dismissal

    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.

  • Date:
    15 June 1996
    Type:
    Employment law cases

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

    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.

  • Date:
    1 May 1996
    Type:
    Employment law cases

    Transfer of undertakings: Transfer Regulations preclude consensual variation of contract

    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

  • Date:
    1 February 1995
    Type:
    Employment law cases

    Redundancy: Relocation clause defeats redundancy claim

    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.

  • Date:
    1 July 1994
    Type:
    Employment law cases

    Reorganisation: Tribunal takes wrong approach on business reorganisation

    An industrial tribunal's decision that an employee could reasonably refuse a proposed detrimental variation in contractual terms because it was not based on sound business reasons vital for the company's survival was wrong, holds the EAT in Catamaran Cruisers Ltd v Williams and others.

  • Date:
    1 March 1993
    Type:
    Employment law cases

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

    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.

  • Date:
    17 April 1984
    Type:
    Employment law cases

    Contracts of employment: Computerisation not change in contract of employment

    The introduction of new technology raises issues of working practices and contractual rights. In Cresswell and others v Board of Inland Revenue, the High Court holds that the computerisation of PAYE did not change the contracts of Inland Revenue staff.

  • Date:
    1 April 1982
    Type:
    Employment law cases

    Evans v Elemeta Holdings Ltd

    In Evans v Elemeta Holdings Ltd [1982] IRLR 143 EAT, the EAT emphasises that whether it is reasonable to dismiss an employee for refusing to accept a change in contractual terms depends upon whether it was reasonable for the employee to decline the terms. If it was reasonable for the employee to decline those terms, then it is unreasonable for the employer to dismiss the employee for such refusal.

  • Date:
    1 August 1980
    Type:
    Employment law cases

    Genower v Ealing, Hammersmith & Hounslow Area Health Authority

    In Genower v Ealing, Hammersmith & Hounslow Area Health Authority [1980] IRLR 297 EAT, the EAT held that the attempt by the respondent employers to change the appellant's job duties and place of work following a reorganisation, albeit a breach of contract which justified him in resigning and claiming that he had been dismissed within the meaning of the Employment Protection (Consolidation) Act, section 55(2)(c), was a dismissal for some other substantial reason and was reasonable in all the circumstances.