Cases

An employee on a business trip asked her finance team whether a higher-grade hotel room was covered under a travel policy whose wording was genuinely unclear. She was told verbally, and by email, to book what she needed to be rested for a client meeting. She did, submitted the receipt, and the trip closed. Six weeks later, during the quarterly reconciliation, an auditor read the same clause strictly and disallowed the difference, which was then deducted from her next salary. She has the email chain but never obtained a written pre-authorisation against the policy line itself. The question is which record governs when a written policy and a documented approval from the people who administer it point in opposite directions. Should the company carry the cost of its own unclear drafting, or should the employee carry it for spending without written sign-off?

Forty-five years of paralegal work in Manchester and I still get the same phone call. A worker has been doing the job for nine years, the company announces a restructure, and the choice offered is a new contract at lower pay, fewer hours or weaker sick pay, or a dismissal. The employer calls it a negotiation. The worker experiences it as a gun on the table, because a resignation would cost them redundancy pay and a refusal would cost them the job. In the UK the practice sits in an awkward legal space. An employer can lawfully dismiss an employee with notice and offer to re-engage them on new terms, provided the dismissal is for a potentially fair reason and a proper process is followed, and provided collective consultation duties are met where twenty or more jobs are affected. ACAS has published guidance warning that it should be a last resort, and the practice is politically contested in a way that few employment law questions are. Some argue the existing safeguards are adequate because unfair dismissal claims, consultation duties and tribunal scrutiny already punish the reckless. Others argue that a right you can only enforce after losing your income is not much of a right at all. The hard question is not whether coercion exists. It is whether the law should treat an offer made under threat of dismissal as a genuine agreement, and if not, what should replace it: an outright prohibition, a stricter test of business necessity, or nothing beyond the guidance that already exists.