If an employer asks to change the terms and conditions of your employment contract, you may feel the that the proposed changes are detrimental to you personally.
If an employer asks to change the terms and conditions of your employment contract, they need to be clear from the outset why they are seeking to change your contractual terms and show evidence they can be justified. Changes an employer may wish to make to the terms and conditions of your contract include pay cuts, changing hours or place of work, job duties and entitlement to certain benefits.
Changing your employment contract is not a simple procedure and has a number of serious legal implications if your employer does not do it correctly. Our Employment Contract Solicitors can check to ensure any changes are fair and reasonable.
If you need your employment contract reviewed, or your employer has asked you to accept changes, you should seek legal advice at the earliest opportunity to ensure the proper legal procedure has been followed. Our Employment Contract solicitors will review the terms of your contract and advise you on the provisions before you agree to them and provide you with the opportunity to query any element with your employer.
Whilst your employer may wish to alter your existing contractual terms and conditions, due to a business reorganisation or economic reason, contractual terms in an employment contract cannot be changed without your agreement, unless this is permitted by the contract itself with a variation clause. Even if such a clause exists, it may not be effective unless carefully worded and a fair procedure followed – any ambiguity will likely be construed in your favour as Courts and Employment Tribunals often view such clauses as undermining trust and confidence considerations.
If no agreement can be reached, your employer can terminate your existing contract and offer continued employment on new terms. However, this constitutes a dismissal in law, and you will be able to bring unfair dismissal claims if you have 2 years’ service. Whether the dismissal is fair depends on why the changes are needed and if your employers can establish that they had a reasonable substantial reason. However, a tribunal would always expect there to have been consultation and an attempt to reach agreement first. If your employer plans to change the contracts 20 or more employees and/or considering dismissing and re-employing these staff on new terms, collective redundancy regulations will apply.
Most terms of a contract of employment cover the usual provisions of job title, salary, holidays, sick leave, and notice periods. However, your employer may wish to restrict your actions post-termination, by including restrictive covenants within the contract. Should you wish to move to a new employer, it is important that you are aware of any such restrictions and understand their implications.
If your employer wants to change your employment contract, you must put your objections in writing, clearly stating you do not agree with the changes and are working ‘under protest” to avoid accepting the change by. You should attempt to reach an agreement by discussing the proposed changes, your employers reasoning behind them, and suggesting alternatives. If an agreement isn’t reached and the changes significantly worsens your terms and conditions without your consent it may be considered a breach of contract or if your employer imposes a change without a fair process or your agreement, it could lead to a claim of unfair dismissal.
Legal expertise balanced with a personal and attentive service.
Our insights into the law in plain English, so you know when it happens, what it means, and how it may affect you.
