Your employer cannot reduce your salary without your consent. If your employer tries to reduce your salary without your consent, you have the same options as mentioned above. If your employer proposes to dismiss (and reinstate) 20 or more workers, the collective consultation obligations under section 188 of the Trade Unions and Labour Relations (Codification) Act 1992 apply. For more information, visit our Covid redundancy pages. Since collective consultation requires an employer to comply with very specific obligations, you should seek legal advice if your employer has not complied with these rules, as you may be entitled to a protective indemnity. Failure to comply with the collective consultation obligations may result in the employer being ordered to pay a protection bonus of up to 90 days` actual salary to each employee concerned. Depending on the nature of the change and when the change is to take effect operationally, it can be up to « 90 days` notice » or even a change with immediate effect. Sometimes employers want their employees to change their work hours or other work arrangements. For example, they no longer want an employee to work from home, work in another office or factory, or change their working hours.

If a change is of great importance to your employer and cannot be agreed, your employer can terminate your old contract and offer you a contract with the new terms. If the employer does not follow a fair trial, this can lead to prosecution for dismissal and discrimination. Your employer must behave appropriately if the terms of your contract change and must not leave an employee able to perform the contract – for example, if an employee has to move on very short notice and without paying a fee. For example, if you want to reduce business costs, you can look at how you can improve the way you work or save money elsewhere before considering possible contract changes. The contract may also contain conditions regarding confidentiality and what happens when you leave (restrictions). It is important that the contract accurately reflects the employment relationship so that both the employer and the employee know where they stand. However, sometimes you or your employer want to change the contract you originally agreed to. Your employer has an implicit contractual obligation to clearly explain the effects of a change, such as a change in wages or hours of work. If you think you may need to propose a contract amendment, your approach to studying the change may depend on the following: Your employment contract is usually a written document. Once you have started working under the contract, this is generally considered proof that you accept the terms and conditions. You should also think about what has been agreed verbally between you and your employer. It is still part of the contract, even if it is not in writing.

All employers must provide their employees and employees with a document setting out the main terms and conditions of their employment when they start working. This is called a « written statement of employment data. » If the change is simply imposed on you and you do not want to accept it, but you continue to work, you have to decide whether you are happy to accept or not. You can make it clear that you are working under protest and that you do not accept the new conditions, but if you do not or if you continue to work under these new conditions for some time, it will probably be assumed that you have accepted the change. If you are considering changes in working conditions that fall under an agreement with a recognized union (a « collective agreement »), you must always contact that union under the law. A contract between an employer and an employee is a legally binding agreement. A contract may be concluded orally or in writing. We recommend that you always start by checking your current contract. If you don`t have a copy of your contract, ask your employer. Cooperation to agree on treaty amendments in this way can not only help to avoid possible disagreements and disputes, but also often lead to more harmonious cooperation. For these reasons, it`s often worth making a breach of contract claim unless it`s a large amount, unless you can combine it with another claim – perhaps due to unfair dismissal or discrimination.

For example, if you cannot accept the change because of childcare obligations, you may be able to claim discrimination based on sex. So even if there was a real need for change, your employer should look for other ways to organize work so you don`t have to change in person, such as hiring an extra part-time worker to work on Saturdays instead of forcing you to do so. Your contract may include « flexibility clauses » that give your employer the right to change certain conditions, such as working hours or a « mobility clause » that allows for changes in your workplace. If you can`t agree, you may want to consider taking legal action in an employment court or suing your employer for breach of contract (this is called a « breach of contract »). If you continue to work and you (or your union) are not quick to oppose or protest the change in conditions, the employer may assume that you accept the new conditions. The timing of the protest against change is important. Each case is taken in isolation, your contract and the respective context are relevant. All of these factors influence whether your employer can legally change your contract and any claims you may make against them.

If you refuse to accept the change, but your employer insists, you may be able to make claims – this is described below. Your employer must inform you in advance of any changes they wish to make to your contract and consult you beforehand. As a general rule, the notice period required for each modification is the duration of the termination of the contract. Review your contract and the clause that says « notice. » It should specify a specific period of time. By providing you with this notice, they may be able to avoid a breach of contract claim (see below for more information on this claim). If a contract change has not been agreed, your employer may decide to « impose » a change and let you know that it will take effect from a certain date. Changing the terms of employees` contracts requires careful handling and expertise. Measures will be needed to manage the organization`s exposure to legal risks and employee relations impacts due to different contractual terms, no matter how minor or positive the changes you think. During the consultation, your employer will discuss with you any changes they wish to make in order to jointly agree on these changes.

This is an important part of any layoff process and should occur when an employer tries to change the conditions. This can be done between the individual employee and the employer or collectively with the employee representatives or a trade union. Your employer should first try to speak up to accept the changes, as this is important for the trust clause in the employment relationship. In these circumstances, you have the right to notify the change individually in writing as soon as possible. This can be no later than one month after the date of the change. Sometimes a change is so fundamental that it goes to the heart of the Treaty. A resignation in response to this type of change could be a « constructive dismissal. » However, resignation is clearly a very risky option and usually advised only if you already have another job. You can also talk to people on an individual basis to identify the reasons why an employee is reluctant to accept a change and explore different ways to address their individual concerns. Any personal consultation with a dissenting employee will almost certainly strengthen your defense against any subsequent wrongful dismissal protection lawsuit.

In addition, amendments to collective agreements with a trade union or staff association must also be made in writing. You should review your contract and see if there is any language in the contract that says the employer can change its terms without your consent (often called a « variation clause »), and try to remember if anything has been agreed orally.