Changing Staff Handbook Terms

Can an employer unilaterally change the terms of its contractual staff handbook? No, said the High Court in the case of Sparks and another v Department for Transport. Background Generally, a contract may only be amended in accordance with… Read on

Clause allowing changes to contract effective?

Could school change teacher’s contract, which said it was “subject to variation, depending on the requirements of the school timetable”? Background We have recently reported on two cases where employers have tried to change the terms of their employee’s contracts… Read on

Could flexibility clause in contracts be relied on?

Could the National Audit Office change the contract of its employees without their consent, because their contract said that it was “subject to amendment”? No they could not, said the EAT in the case of Norman v. The National Audit… Read on

Forced repayment of training costs lawful

Was it lawful for a company to force their employee to repay their training costs even though this effectively took them below the minimum wage? Yes it was, where the contract was clear about this, and the dismissal was the… Read on

Return of confidential information not possible

Could a company force a director to return confidential documents when there was no clause dealing with this in his employment contract? No it couldn’t, said the High Court in Eurasian Natural Resources v. Judge. Companies will want to make… Read on

Sports Direct backs down on zero-hours contracts

As part of an out-of-court settlement, Sports Direct has agreed to rewrite its job adverts and employment contracts to make it clear that its zero hours staff (nearly 90% of its workforce) are not guaranteed work. Zahera Gabriel-Abrahem, who was… Read on

Bonus payments discretionary

In the case of Brogden v Investec Bank, the High Court considered whether the amount of a bonus pool was discretionary, meaning that Investec was required to act in good faith in calculating it. The bankers in question had received… Read on

Should payslips specify pay deductions?

Yes, or the employer may have to forfeit the debt said the Employment Appeal Tribunal in Ridge v HM Land Registry. Background Mr Ridge had exhausted his sick pay entitlement. His pay was adjusted by his employer for the month-end… Read on

What is a contract of employment?

A contract of employment is any legally enforceable agreement between an employer and an employee. This means that a contract of employment can exist even where there is nothing in writing, so long as there is an oral agreement. Legal… Read on

Financial penalty for employee possible

Was the employer legally entitled to charge an employee an amount of money for not working their notice, in addition to not paying them for his time? Yes, according to the Employment Appeal Tribunal in Li v First Marine Solutions Read on