Legal considerations
[ch 2: page 24]Terms of employment can be “express” (as found in contracts, staff handbooks and collective agreements) or “implied” (have become incorporated over a period of time by being sufficiently clear, well-known and consistently applied). Most terms can be amended by collective bargaining. Relevant factors to determine this are what the changes are, how they have been proposed or enacted, as well as whether assent to the changes is genuinely and freely given.
While an employer is entitled to reorganise (Lesney Products & Co Ltd v Nolan [1977] ICR 235) or propose changes that it reasonably believes has advantages (Scott & Co v Richardson EAT/0074/00), there is obviously no obligation on employees to agree to suggested amendments. However, there is a duty on employees to co-operate with their employer, such as in relation to the introduction of new forms of work organisation (Cresswell v Board of Inland Revenue [1984] ICR 508). Accordingly, it is advisable for unions to demonstrate a willingness to negotiate.