Member

Amendment 119 seeks to provide a much-needed reasonableness test. It would ensure that, when assessing whether a dismissal is unfair due to contract variation, the employer’s motivations are judged in the full context, including whether the change was agreed by the majority of the workforce and whether it was reasonable, given the employer’s operational needs or legal obligations. The reality is that most employers do not pursue dismissal and re-engagement lightly. When variations are introduced with broad workforce support and are designed to help a business remain viable or be responsive to market conditions, it is hard to see how that could be construed as unfair.