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18 March 2010 / Sam Burnett
Issue: 7409 / Categories: Features , LexisPSL
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A unilateral right?

Bateman highlights the broad rights of employers to alter terms & conditions unilaterally, says Sam Burnett

It is frequently the case that an employee will be issued with a relatively short statement of terms and conditions of employment, but also provided with a much more voluminous staff handbook. The contents of that handbook will often be very mixed:
• some of it will be very specific, concrete terms on subjects like entitlement to annual leave, parental leave, or sick pay
• some of it may consist of much vaguer material, such as broad policy documents, or even aspirational statements of corporate aims and goals

A question that often arises in this context is whether or not a particular part of the handbook is contractually enforceable. If the employer does wish the handbook (or sections of it) to have contractual force, it is advisable to have a term in the contract of employment which refers to the handbook, and expressly states which parts form part of the contract (Peninsula v Sweeney [2004] IRLR 49).

An employer has the right unilaterally to alter any part of a handbook which

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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
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