header-logo header-logo

A unilateral right?

18 March 2010 / Sam Burnett
Issue: 7409 / Categories: Features , LexisPSL
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll