Terms and Conditions of Employment in UK Law

Leading Cases
  • Leverton v Clwyd County Council
    • House of Lords
    • 15 Diciembre 1988

    It seems to me, first, that the language of the subsection is clear and unambiguous. The concept of common terms and conditions of employment observed generally at different establishments necessarily contemplates terms and conditions applicable to a wide range of employees whose individual terms will vary greatly inter se. On the construction of the subsection adopted by the majority below the phrase "observed either generally or for employees of the relevant classes" is given no content.

    With all respect to the majority view which prevailed below, it cannot, in my opinion, possibly have been the intention of Parliament to require a woman claiming equality with a man in another establishment to prove an undefined substratum of similarity between the particular terms of her contract and his as the basis of her entitlement to eliminate any discriminatory differences between those terms.

    So long as industrial tribunals direct themselves correctly in law to make the appropriate broad comparison, it will always be a question of fact for them, in any particular case, to decide whether, as between two different establishments, "common terms and conditions of employment are observed either generally or for employees of the relevant classes."

  • British Broadcasting Corporation v Hearn
    • Court of Appeal (Civil Division)
    • 20 Mayo 1977

    It was suggested that those words related only to the contractual terms and editions. Some of us said as much in Cory Lighterage v. TGWU (1973, 1 WLR, 814 at 821). But that, I think, would be too limited. Terms and conditions of employment may include not only the contractual terms and conditions but those terms which are understood and applied by the parties in practice, or habitually, or by common consent, without ever being incorpated into the contract.

  • North v Dumfries and Galloway Council
    • Supreme Court (Scotland)
    • 26 Junio 2013

    In the fourth place, it is not the function of the "same employment" test to establish comparability between the jobs done. That comparability is established by the "like work", "work rated as equivalent" and "work of equal value" tests. Its function is to establish the terms and conditions with which the comparison is to be made.

  • Johnson v Unisys Ltd
    • House of Lords
    • 22 Marzo 2001

    Implied terms may supplement the express terms of the contract but cannot contradict them. Employment law requires a balancing of the interests of employers and employees, with proper regard not only to the individual dignity and worth of the employees but also to the general economic interest. Their traditional function is to adapt and modernise the common law. But such developments must be consistent with legislative policy as expressed in statutes.

    Consistently with these provisions, Mr Johnson was written a letter of engagement which stated his salary and summarised the terms and conditions of his employment, including the notice period. Apart from the statement that in the event of gross misconduct, the company could terminate his employment without notice, it made no reference to disciplinary matters.

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Legislation
  • The National Minimum Wage Regulations 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... 2015No. 621 ... TERMS AND CONDITIONS OF EMPLOYMENT ... The National ... ...
  • Equal Pay Act 1970
    • UK Non-devolved
    • 1 de Enero de 1970
    ... ... 7A: Service pay and conditions ... ...
  • Coronavirus Act 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ... ... (2) Regulation 10 (conditions to be met for cremations) has effect as if for ... (e) the terms of office of incumbent office-holders or those ... Act 2014 (power to amend the employment allowance provisions) made on or after 19 March ... ...
  • Equal Pay Act (Northern Ireland) 1970
    • Northern Ireland
    • 1 de Enero de 1970
    ... ... Act to prevent discrimination, as regards terms and conditions of employment, between men and ... ...
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Books & Journal Articles
  • Business transfers and contracting out. Compulsory competitive tendering in tatters?
    • No. 17-8, December 1995
    • Employee Relations
    • 21-28
    Compulsory competitive tendering (CCT) and market testing are central and controversial planks of government economic policy. Critics question the level of efficiency gains which flows from the pro...
    ... ... cases concerning conflicts between employment protection available toworkers under European ... transfer of employees and their existing terms and conditionsfrom one employer to another on the ... for remuneration and working conditions. EU social policies reflect abelief in the need ... ...
  • Individualizing employee relations. The myth of the personal contract
    • No. 25-5, October 1996
    • Personnel Review
    • 37-50
    Focuses on the introduction of personal contracts to replace terms and conditions of employment derived from collective agreements in light of the findings from three surveys of employer organizati...
    ... ... collective bargaining to determine terms and conditions ofemployment[2]. The 1995/96 ... to by 550employers and dealt with employment contract practices[3].The questionnaire surveys ... ...
  • Business transfers, employers’ strategies and the impact of recent case law
    • No. 21-4, August 1999
    • Employee Relations
    • 378-388
    Under the European Union’s 1977 Acquired Rights Directive, workers transferred to another employer can expect the majority of their original terms and conditions of employment to be protected and c...
    ... ... tendering, Employee rights, Employment contracts,Employment law, European UnionAbstract ... can expect the majority of their original terms and conditions of employment tobe protected and ... ...
  • Labour Relations Problems for Managers
    • No. 2-4, April 1973
    • Personnel Review
    • 61-64
    Those people who have managerial responsibilities for industrial relations at plant and industry level in Britain today probably have more constraints upon their decision‐making than at any other p...
    ... ... for managements to negotiate changes in the terms and conditions of employment of their employees ... ...
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Law Firm Commentaries
  • Variation Clause Could Not be Relied on to Make Unilateral Changes
    • JD Supra United Kingdom
    In Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (EAT) considered whether a variation clause could be relied on to make unilateral changes to terms and con...
    ... ... Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (EAT) considered whether a ... be relied on to make unilateral changes to terms and conditions of employment ... The National ... ...
  • Constructive Dismissal
    • JD Supra United Kingdom
    Two constructive dismissal cases have been decided since our last newsletter which make for interesting reading. The first case serves as a reminder of how not to approach making changes to terms a...
    ... ... of how not to approach making changes to terms and conditions of employment and in the second ... ...
  • New Acas fire and re-hire guidance – how to do the wrong thing in the right way (UK)
    • LexBlog United Kingdom
    Back in June Acas produced a report on the “fire and re-hire” practices used by some employers to make detrimental changes to employees’ terms and conditions of employment. In essence, the employee...
  • UK People, Reward and Mobility Newsletter - June 2020
    • JD Supra United Kingdom
    In this issue we look at some of the key employment law developments that have taken place over the past month. In particular, we examine: whether a right to work from home could become law; neurod...
    ... ... the post CO VID1 9 era; and the employment r ights of he alth and saf ety repr esentati ves ... in the workplace 05 Changing terms and conditions: a tricky is sue 07 Safety ... ...
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Forms
  • T420)
    • HM Courts & Tribunals Service court and tribunal forms
    Includes the refund form for claimants.
    ...Making a claim to an Employment Tribunal ... This publication also applies if you ... be accepted unless it meets certain conditions. It must be on an approved ... form, known as a ... The simplest type of case in terms of working out likely compensation is a claim for ... ...
  • Form D81
    • HM Courts & Tribunals Service court and tribunal forms
    Forms to apply for a divorce, dissolve a civil partnership or legally separate, including the D8 application and financial order forms.
    ... ... e.g. medical conditions, change of employment, any significant change in ... by the Petitioner/Applicant where the terms of the order provide for a ... transfer of ... ...
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