Change an employee's terms of employment

Checklist: changing an employee's terms of employment

You may want to change an employee's contract of employment for a number of reasons. Often the nature of your business has changed, perhaps through expansion, a change in economic circumstances or a reorganisation.

But before you start, bear in mind the following dos and don'ts. Getting it wrong could end up with your appearance in court or at an employment tribunal.

Do:

• Ensure you familiarise yourself thoroughly with the details of any existing contracts before considering what alterations you want.
• Consult with your staff about any changes you wish to introduce and with their trade union or other elected representatives.
• Discuss any changes with your staff in a thorough and detailed way, fully explaining the reasons for any planned alteration and take into consideration the impact of the proposed changes in individual circumstances.
• Try, if agreement cannot be reached with an employee on changes, to negotiate a new contract.
• Put as much in writing as possible.

Don't:

• Attempt to impose changes in terms of employment. This could lead to a claim by employees for damages in a civil court, employment tribunal, or a constructive dismissal claim before an employment tribunal.

Subjects covered in this guide

• Introduction
• Check what the existing contract covers
• Consult employees
• What if we can't agree?
• Checklist: changing an employee's terms of employment