Employment Law: 2 - Case Study Example

In the instant case of George there is a letter of appointment following the sec 1 statement. While the sec 1statement specifically stated the condition relating to working hours of 40 hours per week, with two or three days off per week, subject to the operational needs of the employer, his letter of appointment stated, that he will be expected to work a reasonable amount of weekends but this should not normally exceed two weekends in four and a maximum of four weekend days per month. In practice for the last six months, George has worked on average three weekends in every four and some weekends he has had to work both Saturday and Sunday.

This amounts to variation of the terms of the contract of employment. It may be possible to vary the contracts to some extent but not to an extent that it becomes wholly unrealistic. Of course, any contract can be varied if both parties freely consent to this. But an attempt by one of the parties to unilaterally vary the contract without the consent of the other will amount to a breach of contract. The Queens Bench Division court made this clear in its decision in Lee v Gec Plessey Telecommunications [1993] IRLR 383, QBD Increasing the number of hours of work will always be a matter of degree to decide whether it represents breach.

If a large change is involved then probably it may amount to a breach, unless the contract provides expressly for all changes. Similarly changing the days of work will usually be a breach. If the employee does not tender his resignation but accepts the change under protest, after 12 weeks of complying with the changed term of the contract, the employee is said to have affirmed the contract and no action then is available to the employee for contesting the variation.But the employee cannot be said to have affirmed the contract unless the variation has already begun to affect the employee.

(Jones v Associated Tunnelling Ltd. [1981] IRLR 477, EAT)21.1 Remedies Available for George, the Employee:1. The employee can claim damages for the breach of contract since the variations in the weekend works may be considered as a large variation. The compensation in that case will be limited to the extent that the employee can show the quantum of loss sustained by him up to the point of action and also in future if the breach continues2. If the employer fails to make payment of the amounts due the employee can make a claim in debt in the county court3.

The employee may apply for an injunction in cases where the employer has decided to dismiss the employee because of his refusal to accept the variation in the terms of employment4. In some cases where the compliant is one that involves a matter of public concern and if the