The following Employment practice note provides comprehensive and up to date legal information covering:
It is highly likely that an employer will, at some time during the employment relationship, wish to change the terms and conditions on which any particular employee or group of employees is engaged. This need may arise due to matters such as:
annual pay reviews
promotion of the employee
a desire to harmonise disparate terms and conditions of employment which have arisen over time across a business, or to overhaul standard contracts generally
The employee may also wish to seek changes to the employment contract, for example by making a flexible working request or asking to move to part-time working. This note does not examine these issues (see instead Practice Notes: Flexible working and Part-time workers).
This note also does not deal with changes to terms of employment in the context of a TUPE transfer. See instead Practice Note: TUPE—variation of contract terms.
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
with the agreement of all the parties to the contract (see Changes not permitted by the contract: obtaining consent below)
Employment and worker contracts are not an exception to this rule, although the case law in this area has demonstrated a willingness by the courts to protect employees from employers who may seek to abuse their stronger
**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
What is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual positions•the main grounds of
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse situations ranging from where contractual terms are silent on issues of payment to where there is no contract at all (Serck v Drake & Scull).General
Broadly, the doctrine of overreaching enables purchasers (which includes tenants and mortgagees) in good faith for money or money’s worth to rely solely on the legal title. In the case of registered land, this means the entries entered on the register of title, as it records ownership of the legal
Community order requirementsCommunity order requirements are set out in the Criminal Justice Act 2003 (CJA 2003), as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) and the Offender Rehabilitation Act 2014 (ORA 2014). Criminal Justice Act 2003, s 152(2)
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.