Can my employer change my contract of employment ? Can employer give written notice of change? Can an employer make a change to a contract? Can I change my employment status once?
What are changes to employment contracts? See full list on davidsonmorris. As an employer, you can make a change or variation to an employment contract in the following circumstances: 1. Accordingly, in the absence of any contractual provision giving you the right to change a specific term, in most cases you must obtain the agreement of your employee(s), or the agreement of any trade union or other representative, if you want to vary an employment contracton a lawful basis. Further, even in cases where the contract of employment incorporates a flexibility or variation clause allowing, for example, changes to be made to an employees shift pattern or their place of work, you will not have an unfettered right to implement these changes.
These are each dealt with in turn below. Approaching employees with your proposal for change When looking to make a change to an employee’s contract of employment you should not only approach the matter having regard to the economic and operational needs of your business, but at all times having regard to the individual needs of each employee affected by the change. By handling the matter carefully and sensitively, you are much more likely to secure the necessary agreement needed to allow you to lawfully effect any necessary change. In particular, when approaching employees with your proposals for change, you should always follow these five basic steps: 1. Fully explain your reasons behind making the change 3. Invite employees to share their concerns and suggest alternative ideas 4. Listen to employees concerns and con. In the event that you try to force through a change of contract you may find yourself facing a whole host of practical and legal issues in consequence, not least the possibility of defending a tribunal claim.
Similarly, legal disputes can also arise as a result of any unreasonable enforcement of a flexibility clause. If you seek to unilaterally change the terms and conditions under which an employee works, or unreasonably impose changes under a contractual provision such as a mobility clause, that individual may: 1. Refuse to work under the new conditions 2. Elect to work under the new terms, albeit only doing so under protest and treating the change as a breach of contract 3. Resign and claim constructive dismissal, where the change is substantial 4. Take a case to a tribunal for breach of contract , unfair dismissal, or even unlawful deduction of wageswhere the change affects their pay. In circumstances where the employee disagrees with the new terms and conditions but does not say. One of the most common problems when dealing with a proposed change of contract is a lack of communication between the parties. In particular, the absence of any explanation, discussion or consultation on the part of the employer can lead to disagreement and disharmony, and in extreme cases, irreparable damage to the employment relationship.
Talking to your staff at the earliest possible opportunity, and prior to any final decisions being made, can help to facilitate a contractual change that meets the needs of both your business and your workforce. The importance of consulting and communicating with employees and their representatives before making any decisions cannot be underestimated. You can use the consultation process to explain your business case, answer employee concerns and consider your options.
In some instances, employees may even come up with new ideas and alternatives that you may be willing to try. By following a consultation process you can also ascertain whether or. The notice that you are required to give an employee to implement a change of contract will depend on the particular circumstances giving rise to the proposed change and the basis upon which the change is sought. As set out above, this could either be through reliance on a contractual provision, through mutual or collective agreement, or even forcing through a reasonable change using a process of dismissal and rehire.
By way of example, where you are looking to rely on a mobility clause within an employee’s contract of employment to relocate that individual to a different office or site, the nature of the move and extent of any inconvenience caused will determine what is reasonable notice in the circumstances. Needless to say, where you are asking an employee to work at a new location within reasonable driving distance of their home, you will not need to give them as much notice as when asking them to relocate to an entirely different region. On the other han in circumstances wher.
Changing employees’ contractual terms requires careful handling and expertise. Measures will be needed to manage the organisation’s exposure to legal risks and impact on employee relations as a result of varying contract provisions, however minor or positive you consider the changes to be. DavidsonMorris are experienced employment law and HR specialists. We have extensive expertise in employment documentation and contracts, including managing processes for change, giving full consideration to the required notice period for change and the importance of employee engagementand communication throughout the process.
If you have a question or need advice on any aspect of the contract variation, contact us. Employees who have worked for two years must be given two weeks’ notice, plus an extra week’s notice for each further complete year of continuous employment, up to a maximum of weeks. An employer can force a new contract on employees, although this should be a last resort and could lead to legal action.
In other words, it can be months or even years. Where several employees are involve the most prudent course of action is to determine which employee is entitled to the greatest period of notice, and then provide that amount of notice to all affected employees. Usually, the employer and employee both need to agree to any contract changes. But an employee can insist on a change if they have a legal right to it.
Statutory notice is the minimum legal notice that can be given. There are two types of notice period: statutory and contractual. The minimum statutory notice period varies depending on the employee ’s length of service. Where changes are made to your contract, employers must give you written notification of the change within four weeks.
Some contracts of employment contain a variation clause that can allow your employer to make changes to your contract. Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now! Company may, at its option, pay Employee for the Notice Period in lieu of active employment during the Notice Period.
The employer may then re-offer employment to the employee on new terms. Under the Worker Adjustment and Retraining Notification Act (“WARN Act”), employers must give days’ advance notice to affected employees in advance of plant closings or covered mass layoffs. We use cookies to make the site easier to use. Read our cookies policy. The employment contract defines the employer- employee relationship, including the terms and conditions of employment.
If the terms and conditions of an employment contract need to be change both employers and employees should negotiate and try to reach an acceptable agreement. Essentially, whenever a change occurs in any part of your contract of employment , your employer must notify you in writing of the nature and date of the change as soon as possible afterwards, and no later than one month after the change takes effect. Employers cannot make changes without the employee ’s consent.
An employer could not use a flexibility clause to insist on an employee moving to another country to work with week’s notice.