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‘No oral modification’ clauses in employment contracts (Rock Advertising Ltd v MWB Business Exchange Centres Ltd)

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Published on: 07 June 2018

Published by a LexisNexis Employment expert

Table of contents

What is a no oral modification clause?
Are such clauses commonly used in employment contracts?
What factual situations may arise in the employment context which are relevant to a no oral modification clause?
What impact, if any, does the recent Supreme Court judgment in Rock Advertising Ltd v MWB Business Exchange Centres Ltd have on no oral modification clauses found in employment contracts?
Should employers make any changes to employment contracts (eg whether to include or exclude no oral modification clauses) as a result of this decision?
Should employers make any changes, as a matter of practice, to the way in which they implement variations to contractual terms as a result of this decision?

Article summary

Employment analysis: Spencer Keen, barrister at Old Square Chambers, considers the impact of the Supreme Court’s judgment in Rock Advertising Ltd v MWB Business Exchange Centres Ltd on ‘no oral modification’ clauses in employment contracts.

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