Changing Terms And Conditions: A Question Of Balance

What? Slade v TNT [EAT/0113/11] considered the lawfulness and reasonableness of the employer's actions in attempting to change employment contracts by terminating existing contracts in accordance with their notice provisions and offer new, revised terms in their place.

So what? The above action was held to be fair. Encouragingly, tribunals are prepared to recognise the commercial realities and difficulties faced by employers.

When trying to achieve contractual changes to employment contracts, one option for employers facing a stalemate will be to engage in consultation over proposed changes, where possible seeking employee agreement, but to then terminate existing contracts in accordance with their notice provisions and offer new, revised terms in their place.