Organising and bargaining in the downturn - a guide for unions (August 2009)

Chapter 2

Contractual rights to changes

[ch 2: page 24]

Does the employer have a contractual right to enact the changes they’re proposing? Even if the employer is trying to rely on a written clause, which it believes gives them such a power, consider whether the clause has been drafted too widely (and is therefore unenforceable). A clause which validly authorises the variations proposed still needs to be applied reasonably. For example, a change which doesn’t offer any consideration (something in exchange), or results in too much being asked of the employee, may be a breach of the implied term of trust and confidence (St Budeaux Royal British Legion Club v Cropper EAT/39/94)


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.