Consequences of unilateral changes
Article Abstract:
UK employers can unilaterally change employees' contracts or can re-engage employees under new contracts after their dismissal. Employees whose contractual work conditions are unilaterally changed can choose to accept the changes, claim constructive dismissal by resigning, or stand on the original contract, sue for breach, and continue under protest. Employee can also refuse to work under the varied conditions. Dismissals must be for substantial reasons, including redundancy. Constructive dismissal claims require proof that contract variations resulted in repudiatory breaches.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
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Specific changes
Article Abstract:
UK employers who wish to make specific changes to terms and conditions of employment should be wary of claims of unlawful discrimination, contract breaches, or unfair dismissal. If employers breach contacts by unilaterally imposed changes, employees can claim unfair constructive dismissal and resign. Employers should carefully analyze any contemplated changes in working hours, discretionary overtime, hours reductions, Sunday or religious holiday hours, work location, or dress codes. Employee protections are also provided by the Transfer of Undertakings Regulations 1981.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
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Consultation on redundancies and business transfers
Article Abstract:
The UK amended its labor laws during 1995 to require employers to consult on planned redundancies with either independent trade union or elected employee representatives, in compliance with a European Court of Justice ruling. Employer consultations must be made within prescribed time periods for business transfer situations or for dismissals of 20 or more workers. Specific consultation procedures, special circumstances, insolvency, compensation, transfer disclosure requirements, and employee remedies are also covered in the revised provisions.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1996
User Contributions:
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