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18 March 2010 / Sam Burnett
Issue: 7409 / Categories: Features , LexisPSL
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A unilateral right?

Bateman highlights the broad rights of employers to alter terms & conditions unilaterally, says Sam Burnett

It is frequently the case that an employee will be issued with a relatively short statement of terms and conditions of employment, but also provided with a much more voluminous staff handbook. The contents of that handbook will often be very mixed:
• some of it will be very specific, concrete terms on subjects like entitlement to annual leave, parental leave, or sick pay
• some of it may consist of much vaguer material, such as broad policy documents, or even aspirational statements of corporate aims and goals

A question that often arises in this context is whether or not a particular part of the handbook is contractually enforceable. If the employer does wish the handbook (or sections of it) to have contractual force, it is advisable to have a term in the contract of employment which refers to the handbook, and expressly states which parts form part of the contract (Peninsula v Sweeney [2004] IRLR 49).

An employer has the

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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