![]() The wording must be clear that your employer can make the type of change they want to make. It may explain the process for making changes and any notice you should be given. You should check your contract for wording that allows your employer to vary your terms without your agreement, sometimes called a ‘variation’ or ‘flexibility’ clause. Variation, Flexibility and Mobility ClausesĪn employment contract can only be varied if there is agreement or if the terms allow it. If there has been no formal agreement, but you have worked in a particular way for some time with the permission of your employer, you could argue that your current arrangements are part of your contract. If you haven’t got anything in writing, think about what has been agreed orally between you and your employer and what your job looks like on a day to day basis. Right to written termsĮmployers are required by law to provide employees and workers with a written statement of particulars stating the main conditions of employment. The first thing to do is read your employment contract. If you do not tell your employer that you are unhappy with the change and start to work under the new terms and conditions, your employer may take this as your agreement to the change. But there are some exceptions – for instance, if your contract allows your employer to make the specific change and the change is reasonable. If you are happy with the change, you can agree to the new terms verbally or in writing – we recommend that you agree the change in writing, and make it clear if the change is only intended to be temporary (or it may become a permanent change). You can refuse to accept the change, and your employer normally cannot force you to accept it but there are some exceptions to this and ways employers can impose changes. ![]() This will help to indicate that there should be additional consideration under the Equality Act. Usually your employer needs your agreement to change your contract. Some changes may be difficult for working parents and carers to agree to because of caring responsibilities. If you are concerned about the changes you should explain clearly the reasons why and give the background to why they may be particularly difficult for you to agree to and how they may affect you e.g. because of childcare responsibility/nursery hours your partners shift pattern or if you are a single parent and have sole responsibility for caring for children or if you care for an adult. Your rights if your employer changes your contract Your employer terminates your existing contract and offers you re-employment under a new contract on the changed terms (sometimes called ‘new for old’, ‘dismissal and reengagement’ or ‘fire and re-hire’).Your employer seeks to agree changes but threatens to dismiss employees who don’t agree or.Your employer gives you written notice of the changes under a “variation clause” in your contract.Your employer imposes new terms on you without your agreement or consent (sometimes called ‘imposed change’) e.g. tells you your days or hours have changed from your agreed pattern.There are four main ways an employer can try to make changes to your contract without your agreement: How employers may try to make changes to your contract This is when your employer gives notice to terminate your existing employment contract and makes an offer of employment on the new terms, which may be less favourable to you.Īs this is a complicated area of the law, we recommend that you seek legal advice on your options if you find yourself in this situation. We cover issues arising when your employer makes changes the terms of your contract without your agreement (sometimes called ‘imposed change’) and ‘dismissal and re-engagement or ‘fire and rehire’ tactics. ![]() In this article, we explain your rights and options available to you when your employer tries to change your terms of employment. Sometimes your employer may want to make changes to your employment contract, such as your working hours or location that you may not be happy with. This could be because they don’t seem fair or are unfavourable to you – for instance, your employer may be reducing or changing your hours or changing your place of work or reducing your pay. ![]()
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