Tag Archives: variation

UK: Contract- Supreme Court breathes new life into “no oral modification” clauses

Employers can have more confidence that an “entire agreement” or “no oral modification” clause in an employment contract is likely to be effective in preventing extraneous contractual terms or oral variations respectively, following a Supreme Court ruling overturning the Court … Continue reading

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Filed under Jurisdiction: UK

UK: Unilateral variation to terms may not be effective even where employees continue to work without expressly reserving their position

Employers wishing to change terms of employment should bear in mind that imposing a change unilaterally may not be effective even if the change is of immediate practical effect and the employee continues to work without expressly stating that this … Continue reading

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Filed under Jurisdiction: UK, Terms of employment contracts

UK: Dismissal and re-engagement on new terms – no need to repeat inducement offered to agree new terms

Employers seeking to reduce pay by consent may choose to offer a one-off payment as compensation for the reduction and in return for avoiding the risk of litigation. If this offer is rejected, and the employer decides to dismiss and … Continue reading

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Filed under Jurisdiction: UK, Remuneration (including bonus and incentive plans), Termination of employment, Terms of employment contracts

UK: TUPE – increased risks for transferees where employee terms set by collective agreement

The Supreme Court has referred to the ECJ the issue of employees' rights following a TUPE transfer where their contracts provide for pay to be set by a collective agreement negotiated by the transferor and union.  Transferees who have acquired … Continue reading

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Filed under Business sales/transfers, Jurisdiction: UK