Employment Commentary - 16/2/2010
The Contractual Right to Alter Terms and Conditions
case has been reported today 16 February 2010 of Bateman v Asda Stores.
The importance of the case is that the Appeal Tribunal has ruled that a business can retain the contractual right to alter terms and conditions of employment in a contract, even though the right to alter the terms and conditions is only set out in the company handbook (normally associated with simple policies and procedures).
The Court did state that this power to amend goes beyond the alteration of non-contractual policies and does not need further consent, provided that any changes are implemented correctly and the employer does not act in a way which breaches the implied duty to maintain trust and confidence. |