Geraldine Ann O’Hanlon v Leann Nicholson, t/a Sheer Glamour [2018]

The claimant was employed as a hair stylist and worked 24 hours per week. The respondent decided to relocate premises, and initially offered the claimant reduced hours. The claimant was subsequently offered a new contract with the full 24 hours and it included a ‘shortage of work’ clause.

The claimant was not happy with the clause as it would have contractually enabled the respondent to send her home without pay. The claimant did not sign the contract and claimed that it was not a true reflection of her terms and conditions of employment. She argued that the reduction in hours, change of location and reduced wages represented a fundamental breach of her contract of employment and that it