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Did you mean to type: Variation of Contract how to change terms and conditions? (22 results)
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Contract variation: how to change terms and conditions
Contracts of employment are made up of a variety of terms and conditions which set out the respective obligations between the employer and employee, for example what the employee is employed to do and what he or she will be paid for doing it. The following are examples of the types of contractual terms that may...
Briefing | 27 Mar 2008
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Employees’ terms and conditions: All change?
...transitional period could be compensated for by way of damages. Secondly, the circular and the prior consultation with trade unions was sufficient to bring the matter to the notice of employees. The notice of the change was effective. CA conclusion B had been entitled to make the unilateral variation but had been in breach of contract by not providing sufficient notice by way of transitional provisions. However, as the earliest period for which the claimants could seek damages was more than five years after April 1993, they were not entitled to damages. Conclusion What this case highlig...
News | 9 Jul 2007
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Cultivating success: how to cut costs and stimulate growth
...right for the business as it stands. So what other costs can be cut? Here are some top tips from experts and Workplace Law Network members to save you money without losing you staff. confirmed in writing. Employers should also obtain written confirmation of agreement to the change, issue a written variation to the contract and append this to the employee's original contract. climate. People looking for such space range from start-up businesses to selfemployed consultants; in fact, anyone who needs an office environment to work in. For many people, working from home can be distracting and unproductive...
Magazine issue | 1 Jun 2009
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Changes to employment contracts: do both sides agree?
...ibunal's decision that there had been an unlawful deduction from wages. It found that the Tribunal had applied the incorrect legal test in deciding whether the employee had "acquiesced" (i.e. made no objection at the relevant time and continued in employment in the usual way) following a unilateral variation of contract. Facts Mr Robinson (R) was employed by GAP Personnel Franchises Ltd (GAP) as Franchise Operations Manager. The offer letter, which was signed by a Director of GAP, included a term that R was entitled to a company car and fuel expenses at a rate of 25p per mile. Upon starting with GAP, R...
News analysis | 3 Dec 2007
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Creative alternatives to redundancy
...mplied if changes are implemented and an employee does not object, this does not provide employers with any certainty and could expose them to a significant risk of claims. Potential claims include unlawful deductions from wages and constructive dismissal on the basis that unilaterally imposing the variation amounted to a fundamental breach of contract. Employees can protect their position by continuing to work but making it clear that they are doing so under protest, so continued employment does not guarantee there will be no claim. However, such changes may be viewed by employees as the lesser of two...
News analysis | 30 Jul 2009
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Headache? Try new and improved law and regulation!
...he EAT preferred the domestic authority and overturned the Tribunal's decision. It stated that the UK was entitled to interpret the Acquired Rights Directive in a way more favourable to employees than European law required. The EAT did comment that it may be open to a transferee to seek to agree a variation to the inherited term after several years, as this might well be immune from being connected to the transfer (and therefore void). Shoosmiths 18915 Ill health retirees' rights restricted The Employment Appeals Tribunal (EAT) has decided in the case of Miller v. Governing Body of the Ridings High S...
Magazine issue | 1 Apr 2009
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48: How the 48-hour working week could push employers to the max
...t most countries want resolved. People don't like the optout but if they could resolve `on call' time they would be happy just to move on. Cf: Why did you vote to keep the opt-out? GT: Firstly because it is the Government's position; but secondly because of a more fundamental reason. There are huge variations across Member States on how working time is interpreted; for example, the 48-hour week is meant to apply to a person but many countries apply it to a job, so people working two jobs get two lots of 48 hours a week, which defeats the object of the exercise in the first place. There are also countr...
Magazine issue | 5 Feb 2009
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TUPE decision "welcome relief" for employers
...vice providers come under pressure to drive down costs, as in common with their public sector clients, they are required to provide the same, or even more, for less cost. In other words, there may be increased scope for employers to argue that the terms they inherit are not immutable and capable of variation by collective agreement or, as a ‘last resort’, dismissal and re-engagement.”
Case | 1 Feb 2010
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How much does it cost to kill someone at work?
...arge organisations when compared with small and medium-sized organisations. The spend is very similar across large and very large organisations. For organisations with less than 250 employees the spend is also broadly similar. Small (0-49 empoyees) Medium (50-249 employees) There are, however, some variations in relation to specific regulations. For example, SMEs spent considerably more per employee than larger organisations on the Noise at Work Regulations, Management of Health and Safety at Work Regulations, and on the Manual Handling Regulations. Large (250-4999 employees) Very large (5000+ employ...
Magazine issue | 1 Sep 2007
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Employment law – case round up
...where the evidence that it might have been terminated earlier is so scant that it can effectively be ignored. Power v. Regent Security Services - EAT - TUPE Post TUPE transfer, the employee agreed to change to his contractual retirement age from 60 to 65. The respondent alleged that the variation was invalid because it was a change made by reason of the transfer. EAT held: The variation was valid and there was no reason why it should not be enforced by the employee. The variation was for his benefit and the Daddy’s Dance Hall case did not prevent such a variation being valid and eff...
Case | 15 Feb 2007
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Change to contracted working hours/conditions
Tracy, It would always be good practice to issue a variation to the original contract, if you know how long the change will be for then you could limit it by date or put some other end in it such as "until such time as replaced by ....". Do not issue a new contract as you do not want to change her terms etc. At the end of the amendment if you do not pu...
Comment | 23 Sep 2008
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A new age?
...tal injury statistics for 2010/11 HSE · Theprovisionalfigurefor the number of workers fatally injured in 2010/11 is 171, and corresponds to a rate of fatal injury of 0.6 per 100,000 workers. · Giventhatthesestatistics are based on a count of events that are rare, they are highly subject to chance variation from one year to the next. Therefore, when seeking to use the data to make inferences about changes in the inherent dangerousness of work conditions, it is necessary to look at trends over a number of years. The incorporation of the 2010/11 data into the time series reinforces an underlying downwar...
Magazine issue | 5 Sep 2011
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Open for Business
...or deter. The following enforcement actions are identified as suitable responses under each category: · · Warnings,stopnotices and injunctions; Warnings,enforcement notices, remedial works, EUs, third party undertakings and restoration notices; Warnings,statutorynotices, suspension, revocation or variation of permit, EUs or compliance notices; FixedMonetaryPenalties, VMPs, Non Compliance Penalties, Fixed Penalty Notices, formal cautions, prosecution and ancillary matters related to prosecution such as confiscation of assets. · · a regulatory position statement which covers the area in question in...
Magazine issue | 4 May 2010
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Dealing with bogus claimants
...d screening, such as FSA regulated positions and for compliance with the Data Protection Act. With an increasingly multinational workforce, checking a CV and verifying a candidate's suitability is not straightforward as you have to contend with international time differences, language barriers and variations in what is both legal and culturally acceptable from country to country. To be of credible use to an employer, the background screening needs to be carried out in the right way. Swamped with information available on the internet, employers are increasingly relying on social network sites to suppos...
Magazine issue | 1 Mar 2010
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Reality bites: managing in a recession
...at the provision to them of leased cars was anomalous and that these would be withdrawn. Over the course of the following months correspondence ensued and meetings took place and a grievance pursued. The Society finally sent the employees a letter setting out the alternatives: either they agreed a variation of the existing terms and conditions by consent or they would be dismissed and potentially re-engaged on new terms excluding the provision of a car. In May 2006, the employees each signed up to the new terms of conditions which did not include a contractual term for the provision of a leased car. ...
Magazine issue | 6 Nov 2008
