Variation
Anson must be supported by consideration
Acceptance, consideration and consent
acceptance
implied acceptance
originally if accepted without protest was considered acceptance
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
Stronger case if directly put to employee failure to protest is consent
acceptance by union on behalf of workers
Goulding Chemicals v Bolger some employees rejected terms union agreed with employer - can't be bound by union agreement (dangerous)
doesn't necessarily act in best interests of all employees all the time
O'Rourke v Talbot Motors 3 reps designated to negotiate on behalf of 18 foremen, delegated power of agency - allowed referred back and continuously getting authority
Communication of acceptance
Carbalic Smoke Ball positively communicated
Attrill v Dresdner Kleinworth huge bonus announced, recession announced shortly after, employees did not need to accept it expressly, employer knew they had accepted it
if person who makes offer shows express acceptance not expected
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
Right to revise, amend or replace the contract of employment
Contra Proferentum ambiguity decided in favour of employee
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
Cleary v BBQ clause 'all bonus schemes are discretionary and may be withdrawn at any time' employer cancelled bonus, had been earned - description affected future bonuses - if in doubt decided in favour of employee Contra Proferentum
can't be used arbitrarily, e.g. stripping away half the salary
cannot justify downward variation on pure prejudicial grounds