We are currently reviewing our Employee Handbook. Do we need to ask our employees to consent to any changes?Posted in : First Tuesday Q&A ROI on 2 May 2017 Issues covered:
As a matter of contract law, unless specifically provided for, a contract cannot be amended unilaterally and the consent of both parties is required. Therefore, if the Handbook is expressed to form a part of the employees’ terms and conditions of employment, the consent of the employees is technically required. Furthermore, the Terms of Employment (Information) Act 1994 provide that changes to an employee’s contract of employment must be notified to the employee no later than one month after the change.
Even if the Handbook (or part of it) is expressed to be contractual, most employment contracts contain a “Variation Clause” which, if drafted correctly, allows amendments to be made to
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Back to Q&A's This article is correct at 02/05/2017
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