Changing terms and conditions – how does ‘consideration’ work?

Where an employer is seeking to change terms and conditions during employment, they must obtain the consent of their employee to the changes. Any agreed variations should also be supported by ‘consideration’ where the variation is to the employee’s detriment.

The case of Re-use Collections Limited v Sendall & May Glass Recycling Ltd (2014) considered whether the restrictive covenants, contained in the new contract of employment that Mr Sendall had signed just before he resigned to join a competitor, were enforceable.

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This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.


Employment law moves at a fast pace. Keeping up to date with changes and developments is a challenge for every HR professional, helps you keep ahead of the game, plan for change and provides tools for solving those workplace dilemmas.


Judith Firth

Associate - PSL - client facing

I am an Associate and Professional Support Lawyer for the Employment team.