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There has been an increasing tendency for contracts of employment to include a provision reserving to the employer the right, either unqualified or in specified circumstances, to change terms of employment at its discretion. This tendency has been highlighted by two recent cases: Bateman & ors. v Asda Stores Ltd [2010] IRLR 370 (EAT) and Malone v British Airways (High Court).
The recent decision of the High Court of Australia in Commonwealth Commercial Bank of Australia v Barker [2014] HCA 32, unanimously rejecting as part of the common law of Australia an implied term of mutual trust and confidence in all contracts of employment, has unsurprisingly attracted a good deal of attention, and merits some discussion.
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