Chapter 8 Key facts checklists

Variation, breach, and termination of employment

Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment.
In order to justify summary dismissal, the employee must be in breach of an important express or implied term of the contract.
Wrongful dismissal is a dismissal without notice or with inadequate notice in circumstances where proper notice should have been given or where a dismissal has been in breach of agreed procedures.
An employee is to be treated as dismissed for statutory purposes if his or her contract of employment is terminated by the employer with or without notice, a limited-term contract expires without renewal, or the employee terminates it as a result of the employer's conduct. The second type of dismissal does not apply to the common law action of wrongful dismissal.
Employees are entitled to treat themselves as constructively dismissed if the employer is guilty of conduct that is a significant breach going to the root of the contract of employment, or which shows that the employer no longer intends to be bound by one or more of its essential terms. The latter is known as anticipatory breach. 'Constructive dismissal' is the same as 'repudiation' as used at common law.
In order to complain of unfair dismissal, two years' continuous service is required unless the dismissal is for an inadmissible reason.