Thanks, ***** ***** just getting my answer ready. From time to time an employer may try to introduce changes to an employee’s contract of employment. Often this is for business or economic reasons. If they wish to do so, there are a few ways they can go about it:
· Receive the employee’s consent to the changes.
· Give the employee the required notice to terminate their current contract and re-engage them under a new contract containing the changes`.
· Simply forcing the changes through with no notice or consultation.
If the changes are introduced without the employee's consent, then the following options are available to them:
1. Start working on the new terms but making it clear in writing that this is done ‘under protest’. This means that they do not agree with the changes but feel forced to work under them as they have no option. In the meantime try and resolve the issue by raising a formal grievance. This is only a short-term solution though as the longer someone works under the terms, even under protest, the more likely it is that they will eventually be deemed to have accepted them.
2. If the employer gives notice to terminate the current contract and re-engages the employee on the new contract, it could potentially amount to unfair dismissal. However, the employer can try and justify their actions if they had a sound business reason for doing so, usually from an urgent financial perspective. If no such reason exists, it is possible to make a claim for unfair dismissal in the employment tribunal, subject to having at least 2 years’ continuous service with that employer.
3. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., it is possible to resign and claim constructive dismissal. The employee must accept the changes and immediately resign in response to them. A claim is again dependant on the employee having at least 2 years' continuous service with the employer.
Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved right to change any term, nothing but the clearest language will be sufficient to enforce such a right. Any attempt to rely on such clauses will be subject to the requirement of the employer to act fairly and reasonably and be able to show that it was necessary to apply the required changes and that there was no other way to resolve the situation.
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