Employment law Essay Example | Topics and Well Written Essays - 2500 words

Employment law - Essay Example This could also be held to be unreasonable behavior. A general rule has been set out in the case of General Billposting Co Ltd v Atkinson1 it was held that there may be instances where an employer has behaved so badly towards an employee that the employee can treat his employment contract as if it is at an end. When this is the case, the employer may not be able to impose any post termination restrictive covenant on the employee, because the contract has been ended as a result of the employer’s own fault, hence he will not have the right to demand that the employee adhere to any conditions post employment. Thus, on this basis, Ali has grounds to contest the sudden change in the contract that has been made by Balmoral. It must also be noted that there may have been certain terms implied in Ali’s original contract, such as the duty of an employee not to work for competitors, even during off duty hours, as also stated in the cases of Hivac Ltd v Park Royal Scientific Instruments Ltd2and Provident Financial Group plc v Hayward.3 Ali’s original contract with Balmoral would have already included the implicit restriction on working for competitors, therefore the grounds for Balmoral instituting a new contract may itself be subject to dispute. In general, once an employment contract has been entered into with an employee, an employer may not change the terms without first obtaining the consent of the employee.4 Unless the original contract Ali had with Balmoral allows the flexibility of changing contractual terms, Balmoral will be required to follow the correct procedure and offer the terms to Ali, who is at liberty to accept or reject them. Balmoral’s dismissal of Ali on the grounds of refusal to accept new terms may give rise to grounds for a breach of contract. Even assuming that the new contract was deemed necessary after the recent incidences of poaching staff, it will be difficult for