Problem answer

• You should note that Ms Jones appears to be abiding by her contractual terms. It seems unlikely that Flexico have the right to vary her hours simply because others have agreed to the change. You might refer to Harlow v Artemis Ltd[2008] (‘Variation’).
• You should mention that an express term, individual or collective, could provide authority for unilateral variations but Mr Smith has not suggested that this is the case here.
• You should comment that Mr Smith’s oral undertaking can be relied on but any resulting loss of pay may amount to an unlawful deduction under s 13 ERA (see chapter 3, ‘Wages and unauthorised deductions’)
• You should state that both parties have a duty to cooperate with each other. Flexico should try to find a job for Ms Jones that will enable her to work her contractual hours. Equally, Ms Jones should try to adjust her domestic arrangements so that she could get home later. On the reciprocal duties of the parties, see chapter 2.
• You might note that if the parties do not resolve their differences, Ms Jones may be dismissed for ‘some other substantial reason’ (see chapter 9, ‘Some other substantial reason’) even though Flexico are in breach of contract.