Member

On Amendment 120A, what exactly does it mean to “offer something”? Does it require a financial incentive, a new benefit or a gesture? Is the employer expected to negotiate a deal in every case, even where the variation is purely technical or administrative, such as a location change or a shift alignment? This language risks becoming a trapdoor in the tribunal process. Its imprecision leaves employers in an impossible position, uncertain whether what they have offered will be deemed sufficient, even in entirely legitimate circumstances. In practice, it may lead employers to invent or inflate offers, purely for legal protection, even when the contractual variation is minor or necessary to reflect operational needs. This provision appears to conflate contractual variation with negotiation by inducement, even where the employer is acting responsibly and within reason. In the case of technical adjustments—such as changes in reporting lines, the reallocation of duties or just a change in premises—the employer would still be required to do “something” simply to stay compliant. This is certainly not how we should expect businesses to navigate serious decisions regarding workforce planning and legal compliance.