A more recent version of these Redundancy Payments Model Answer notes – written by University Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Employment Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Redundancy Payments Model Answer The scenario will usually be:
? X is employed by Y
? Y has changed X's terms so that he works different hours/in a different department
? If this is the case it will normally be a constructive dismissal question and dealt with in the following order:
IS THE PROPOSED CHANGE A BREACH OF CONTRACT??
IS THE BREACH SERIOUS ENOUGH TO AMOUNT TO A REPUDIATORY BREACH??IF IT IS SUFFICIENTLY SERIOUS TO BE A REPUDIATORY BREACH...
WRONGFUL DISMISSAL Identify the term that is being varied Check the contract - Is there a term that allows changes to be made?
o If so, no breach occurs upon changing the term unless the employer implements such a term in an unreasonable way - that could potentially be a breach of the implied term of mutual trust and confidentiality which amounts to a repudiatory breach (United Bank v Akhtar)
? If no term that allows flexibility - breach as the employer has altered the terms of the employment contract Pick out the facts that suggest it is serious: o Curtails social life o Makes childcare arrangements difficult o Material change in the job Pick out the facts that suggest it is not serious: o No change to overall hours o No change to shift pattern o No change to location
? Conclude appropriately and state it is a question of fact for the tribunal If the breach is deemed not to be sufficiently serious to be a repudiatory breach, it will still be a breach of contract. This means that the claimant can still bring a breach of contract claim in the civil courts. However the claimant must show his loss and this may be difficult as the claimant may not have lost anything (e.g. his hours may have just changed - same pay) Continue to work and accept the breach Leave and do not bring a claim Continue work under protest (i.e. raise a grievance as not to waive the breach) Resign within reasonable time on the basis of constructive dismissal and claim redundancy and unfair dismissal Net salary and benefits for notice period (see wrongful dismissal sheet) REDUNDANCY X is employed by Y Y want X to change to a different department and change his working hours
Buy the full version of these notes or essay plans and more in our Employment Law Notes.