Do variation clauses in a contract of employment give an employer a unilateral right to make reasonable changes that go to the root of the employment terms, e.g. relocation and redundancy terms?Posted in : First Tuesday Q&A NI on 6 June 2016
If there is an express provision for the employer to change certain terms within the employment contract, it is likely that the employer would be permitted to change a particular term provided that the employer does not act in an arbitrary or unreasonable manner. Even where an express provision exits, an employer should still consult widely with the affected employees prior to making the change. It should also be noted that any variation clause is likely to be interpreted strictly by the courts. The employer does not simply have free rein to make any changes to the employment contract it desires. Any ambiguity will also be interpreted in favour of the employee.
If there is no express
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Back to Q&A's This article is correct at 06/06/2016
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