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Viva variation clauses
The case of Bateman & Ors v. Asda Stores Ltd has renewed interest in the use of general flexibility clauses which give employers the contractual right to vary terms and conditions of employment in line with business needs.
The case demonstrates that such clauses can, even if contained in a Staff Handbook, permit an employer to vary employees' terms and conditions of employment without their prior express consent, provided that such variations are properly implemented and the employer ensures that it acts in accordance with the implied term that it will not, without reasonable and proper cause, act in a manner calculated and likely to destroy or seriously damage the relationship of trust and confidence between employer and employee.
In this case, it was decided that the supermarket giant in question had acted properly in harmonising terms and conditions of employment for a small percentage of staff who refused to consent to a revised pay structure.
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