Changes to your employment contract can be unsettling. Whether it’s a change in working hours, salary adjustments, or job responsibilities, it’s essential to understand your rights and how to navigate the process. This article explains what you should do if your employer proposes changes to your contract and how to protect yourself.
What Is an Employment Contract?
Your employment contract is a legal agreement between you and your employer. It sets out the terms of your job, including:
Your salary or wages
Working hours and conditions
Job duties
Benefits, such as holiday entitlement
Once you and your employer have agreed to these terms, neither party can change them without the other’s consent.
Why Do Employers Change Contracts?
Employers may seek to make changes to employment contracts for various reasons, such as:
Responding to market conditions (e.g., reducing pay during economic downturns)
Adjusting job roles due to company restructuring
Changing shift patterns to meet business needs
While some changes are reasonable, others may feel unfair or create undue hardship for employees.
Steps to Take If Your Employer Proposes Changes
If your employer wants to change your employment contract, here’s how you should approach the situation:
1. Understand the Proposed Changes
Ask for the changes in writing to ensure clarity.
Review how the changes will affect you. For example:
Will your pay or benefits decrease?
Are your hours being extended?
Are your responsibilities changing significantly?
2. Check Your Contract
Read your existing employment contract to see what it says about making changes.
Some contracts include a variation clause, which allows employers to make specific changes. However, these clauses don’t give employers unlimited power—they must act reasonably.
3. Speak to Your Employer
If you’re unhappy with the proposed changes, request a meeting to discuss your concerns.
Ask your employer to explain why the changes are necessary and explore alternative solutions.
4. Negotiate or Raise Concerns
Suggest compromises that work for both you and your employer. For example:
If your employer wants to reduce your working hours, propose a temporary reduction instead of a permanent one.
If pay cuts are on the table, ask about non-monetary benefits to offset the loss.
Keep your communication professional and solution-focused.
5. Seek Advice
If you feel pressured to agree to unfair changes, seek advice from:
A union representative, if you’re a member.
An employment lawyer for legal advice.
ACAS (Advisory, Conciliation and Arbitration Service) for free guidance in the UK.
What Happens If You Don’t Agree?
If you refuse to accept the changes, your employer has limited options:
Mutual Agreement: Your employer may negotiate with you to find a compromise.
Dismissal and Rehire: In extreme cases, your employer may terminate your contract and offer you a new one with the revised terms. This can be risky for employers, as it may lead to claims of unfair dismissal.
No Change: The employer may decide to leave the contract as it is to avoid conflict.
Can Employers Make Changes Without Your Agreement?
In most cases, your employer cannot legally change your contract without your consent. If they impose changes without your agreement, it may amount to:
A breach of contract, allowing you to take legal action.
Constructive dismissal, if the changes are so serious that you feel forced to resign.
Protecting Yourself
To safeguard your rights:
Keep records: Document all communications about proposed changes, including emails, letters, and meeting notes.
Don’t feel pressured: Take time to review the proposed changes before making a decision.
Know your rights: Employers must consult employees and act fairly. Sudden or drastic changes without consultation are not acceptable.
Changes to your employment contract can be challenging, but understanding your rights and taking a measured approach can help you navigate the process. Review the proposed changes carefully, communicate openly with your employer, and seek advice if needed.
By staying informed and proactive, you can protect your interests while maintaining a positive relationship with your employer.
Frequently Asked Questions
Q: Can my employer reduce my pay without my agreement?A: No. Employers must get your consent before reducing your pay, or they risk breaching your contract.
Q: What if my employer says they’ll dismiss me if I don’t agree to the changes?A: This could be grounds for an unfair dismissal claim. Speak to an employment lawyer immediately.
Q: Do I have to sign a new contract if I don’t agree with the changes?A: No, you are not required to sign a new contract. However, discuss your concerns with your employer before making any decisions.
