Backdating an employment contract brooke davis theory on dating


06-Mar-2020 05:20

An unauthorised, one-sided variation is likely to be a breach of the contract of employment, and the fact that the employer has given you notice of the change will not make it lawful.However, if you put up with the change without protesting, there is a good chance that you will be viewed as having implicitly accepted the change, losing your right to object to it.For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.However, he only realizes this in January and so wishes to backdate the document to December.December 2014 – January 2015 A client or, in the case of an in house lawyer colleague (who for the purposes of this article will also be considered a client), asks you to prepare a document and then your heart sinks as he says “oh and it has to be dated” and gives a date which has already passed.

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However, an explanation often given by the person wanting to backdate the document is that the document is merely meant to reflect an oral agreement that has already been made and that this is just a way of documenting it.

The way your employer implements any contract change must not breach their duty not to behave in a way that damages mutual trust and confidence, or the implied duty of good faith.



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