Variation Clauses within employment contracts, new case law
In a judgement delivered this week, the Employment Appeal Tribunal (EAT) has ruled that a contractual right to change terms & conditions does not require the consent of employees where this is provided for in a staff handbook. In the case of Ms D Bateman and others v Asda Stores Ltd, the EAT ruled that the wording in the staff handbook was wide enough to permit Asda to change matters set out in it without the need for employees’s prior consent. The changes that could be imposed included changes to pay and work provisions.
This is an important judgement, offering employers more flexibility in their employment affairs whenever their contracts of employment are well-prepared initially. For more assistance & advice on contracts, consult our pages on contracts of employment.