VERBAL PROMISES AND LEGAL ENFORCEABILITY

Added 18/12/04. This information adds to s.23.2.2 in The Voluntary Sector Legal Handbook 2nd edition.
A verbal promise can be contractually binding, provided both parties intend it to be. But in Mr T Judge v Crown Leisure Ltd, the employment appeal tribunal said on 28 September 2004 that a promise of a substantial pay rise over the next two years, made by a manager to an employee at the end of the office Christmas dinner dance, was not legally enforceable. The employee did get a pay rise but it was not as large as he had been promised, so he resigned and claimed constructive dismissal. The employment tribunal said that the promise, made in conversation during "a social and convivial event", was not intended to be legally binding and therefore did not create a contractual obligation on the employer, and the employment appeal tribunal supported this view.

But beware ... in different circumstances such a promise might be held to be binding.

The EAT decision is at www.bailii.org/uk/cases/UKEAT/2004/0443_04_2809.html.

THE EMPLOYMENT ACT 2002

Updated 18/6/03. This information updates s.23.4 in The Voluntary Sector Legal Handbook 2nd edition.
The provisions of the Employment Act 2002 include:

• New rights for fixed-term workers (from 1 October 2002);
• New or extended rights for parents: maternity, paternity and adoption leave and pay (from 6 April 2003);
• New right for parents to request flexible hours (from 6 April 2003);
• A new questionnaire procedure for equal pay claims (from 6 April 2003);
• New rights for union learning representatives (from 27 April 2003);
• Reform of employment tribunals (from April 2004);
• Where a person under age 60 is claiming income support, jobseeker's allowance, incapacity benefit, severe disablement benefit or invalid care allowance, a new requirement for the claimant's partner to take part in a work-focused interview;
• New provisions for resolution of disciplinary and grievance matters by the employer and employee (from 1 October 2004).

NEW RIGHTS FOR AGENCY TEMPS?

Updated 3/2/08. This information adds a new section to s.23.4 in The Voluntary Sector Legal Handbook 2nd edition.
The Temporary and Agency Workers (Prevention of Less Favourable Treatment) Bill would prohibit direct discrimination (but not indirect) against short-term and agency workers, giving them the same rights as long-term and directly employed staff unless different treatment is objectively justified. Employers would have to notify agency staff of any vacancies in the organisation, and a contract would be void if it prohibits an agency worker from becoming directly employed by the employer where s/he has been placed. The bill would also allow for regulations providing for joint liability between the agency and end-user. This was due for its second reading on 22 February 2008 but is a private member's bill so does not have much chance of being passed.

At European level, a decision on the similar EU Agency Workers Directive, which has been on and off since 2002, has been delayed yet again. This directive would give temporary and casual employees, after six weeks in the job, the same rights as permanent employees to pay, working time and holidays.

MOBILISATION OF MILITARY RESERVE FORCES

Added 19/1/03. For more about this see s.23.4.6.1 in The Voluntary Sector Legal Handbook 2nd edition.
The Ministry of Defence's SaBRE--"Supporting Britain's Reservists and Employers"--outlines the rights and obligations of employers when an employee who is a member of the Reserve Forces is mobilised. Safeguards for employers include the employee generally being given at least two weeks notice of moblisation; availability of financial awards to cover the costs of temporarily losing a staff member; and the employer's right to apply for exemption or deferral if the absence of the employee would cause serious harm to the organisation. SaBRE is at www.sabre.mod.uk.