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Variation (Right to revise, amend or replace the contract of employment…
Variation
Right to revise, amend or replace the contract of employment
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limits on the use of variation clauses - must not be unreasonable or taken for irrelevant circumstances
Braganza v BP court will imply decision making process will be lawful and rational, decisions made rationally in good faith and not affected by irrelevant considerations
can't be used arbitrarily, e.g. stripping away half the salary
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Cleary v BBQ clause 'all bonus schemes are discretionary and may be withdrawn at any time' employer cancelled bonus, had been earned - description affected future bonuses - if in doubt decided in favour of employee Contra Proferentum
acceptance
implied acceptance
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Solectron Scotland v Roper if an employer varies contract terms by changing wages, job duties - no protest from employee - implied acceptance
has changed
Abrahall v Nottingham City no right to infer employees agreed to significant diminution unless conduct viewed objectively evinces assent
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Consideration
Attrill v Dredsner Kleinworth bank argued no consideration, enough if there was a practical benefit given to the promisor (Williams v Roffee) - incentivised employees to stay with bank and provided motivation - higher quality of work
Pearson v Amey facilities agreement to accept wage reduction, (economic difficulty) consideration - continued to be employed
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Acceptance, consideration and consent