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13 April 2011
Court of Appeal
Ward, Leveson, Pitchford LLJ
The test for whether a unilaterally imposed management policy is enforceable as a term of a contract of employment is to ask whether the policy was agreed either expressly or by implication; and to determine whether it has been agreed, factors to be taken into account include whether the policy has been drawn to the attention of employees; whether it was followed without exception for a substantial period; and the reasonable expectations of employees.
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The status of employment rights on the transfer of an undertaking is an extremely complex area of...