I am just posting this up and i for one do not wish to get into any debate on the issue. A while back i pointed out a change as to the Agenda for Growth Agreement. This was i regards to the 30 minutes Flexing and that a new term had been inserted called Requirement I pointed out that this made it compulsory as to business needs if required and that Royal Mail can enforce that term if necessary Well i had been contacted for advice from a colleague who works in the Mobile Telephone industry as an engineer. NOT BT or CWU. His contract of employment states this: you will normally work a 40 hour week with a 24/7 shift pattern. Additionally you MAY also be REQUIRED to fulfil duties required on out of hours occasions dependant on the business needs Well he went down the route May was optional and not compulsory. They dismissed him. It went to an Employment Tribunal and he lost with a costs order against him The Tribunal decided that term Requirement inserted into his contract of employment was an Express contractual term as to the needs of the business. This term Requirement did take precedence in any reasonable request as to the needs of the business. That can now be used as Case Law as to Employment disputes,
Posted on: Mon, 07 Jul 2014 11:30:34 +0000
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