Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Do you think he will challenge these changes?
I am just due in a meeting and will reply fully later this morning, thanks
Thank you for your patience. There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:
· Receiving the employee’s express consent to the changes.
· Forcefully introducing the changes (called 'unilateral change of contract').
· Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms.
So in the circumstances you can consult with him first and explain the reasons for the proposed changes and try to get his consent. If he does not consent then you will have to consider issuing him with notice of termination of his current contract and re-issuing him with a new contract at the end of this period incorporating the changes. Whilst this will technically be a dismissal and he could consider making a claim for unfair dismissal, if there were sound business reasons for doing so then you could defend it.
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