LRD Booklets September 2009

Contracts of employment - resisting changes

When an organisation is not performing well employers may try to renege on contractual terms. As such, it is important to know how any attempted changes can be resisted. This booklet explains clearly and concisely the main elements of contract law, using illustrative case law examples throughout, as well as highlighting legal remedies for breach of contract.

Introduction (869 words)

Minimum rights, such as the entitlement to 5.6 weeks holiday per year, are guaranteed by statute which is legislation in the form of Acts ...

1. What makes an employment contract (2330 words)

A contract is an agreement made between two or more parties that is enforceable in law. Obviously the essential exchange recorded in a contract ...

2. Types of employment contract (3467 words)

The principles outlined in the previous chapter apply to all types of contract that may govern an employment relationship. However, the nature of that ...

3. Written details that must be provided (996 words)

Although a contract of employment does not have to be in writing, an employer must provide an employee with certain details of their employment Section 1 of the Employment Rights Act 1996 (ERA 96). The details are referred to as the written statement of employment particulars. ...

4. Terms of the contract (4680 words)

The contract of employment sets out the rights and obligations of the employee and their employer. These are referred to as the terms and ...

5. Changes to the contract (2780 words)

There are a number of reasons why the terms and conditions of a contract of employment might change — a routine example is when ...

6. Termination of the contract of employment (1151 words)

A contract of employment can be terminated by either party either with or without notice, depending on the circumstances. ...

7. Remedies for breach of contract (2528 words)

If an employer imposes a change to the contract of employment on the employee in breach of contract, the employee will be entitled to ...

8. Constructive dismissal (2138 words)

A constructive dismissal occurs where an employee terminates their employment in response to conduct by their employer which amounts to a breach of contract. ...

Checklists (316 words)

1. Is there mutuality (i.e. is the individual obliged to do work/is the organisation obliged to provide work?) ...

Further information (316 words)

The Labour Research Department publishes a number of guides to the law that examine in greater detail some of the issues raised in this www.lrdpublications.org.uk . Prices given include the cost of postage. ...