The following Employment Q&A provides comprehensive and up to date legal information covering:
This response assumes that the only change introduced by the new holiday policy is to increase the holiday entitlement of those with long service, and that it is not proposed to alter or decrease the holiday entitlement of employees generally.
An employment or worker contract may, like any other contract, be amended at any time either:
in accordance with the terms of the contract itself (eg where a clause in the existing contract purports to give the employer the power to vary some, or all of the terms, unilaterally, without the employee's consent), or
with the agreement of all the parties to the contract
For further information generally, see Practice Note: Changing terms and conditions of employment.
Changing terms and conditions relating to holiday entitlement needs particular care, given that an employee will commonly have both a contractual right to holiday and a statutory right under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833.
If the proposed variation relates solely to increasing a holiday benefit, then one would expect it to be relatively straightforward to obtain employees’ consent to it. The additional holiday is also likely to be good consideration for the variation to be effective.
Where terms of employment are collectively agreed between a union and an employer, then changes are likely to be implemented by collective agreement rather than individual consent.
For further information, see Practice Note:
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For more information, see Practice Note: What is a members' voluntary liquidation (MVL) and where/when is it typically used?Before the members can vote on a
This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
The offence of causing grievous bodily harm with intentWounding or causing grievous bodily harm (GBH) with intent is triable only in the Crown Court on indictment. Elements of the offence Under the Offences against the Person Act 1861 (OATPA 1861), the prosecution must prove the defendant unlawfully
LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary of State for
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.