In order to change the terms of an employee’s contract of employment, an employer needs their consent. Employees may also request a change in the terms of their employment contract – and in either case, a period of negotiation will usually be required.
Under employment law, employers who wish to change the terms of an employee’s contract are required to:
It is also advisable to discuss with any employees affected by employment contract changes their future plans – this might be especially relevant to employees who may be nearing retirement age.
Offering options to employees on how they see their future with the company can help engender a co-operative approach to changing the terms of an employment contract, including any changes to their working pattern, the job they perform or the hours they work. It is also advisable for employers to take expert legal advice on any proposed changes to the terms of employees’ contracts before approaching staff. Duncan Lewis can review proposed changes to a contract of employment and advise on how the changes might affect the company and/or employee(s) – as well as the legality of the proposed changes. Changes to the terms of an employment contract may be needed for any number of reasons – in cases where a company has been disposed of or merged, TUPE (Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014) would apply and an employer needs to be sure of their legal position if any restructuring of the workforce is needed.
In cases where downsizing of a workforce is needed or a change of premises is planned, taking legal advice on any plans can help prevent breaches of contract and being taken to an Employment Tribunal.
Employees also have statutory rights, which should form part of the employment contract – if they do not, an employer cannot enforce any terms relating to a statutory right. The most obvious example is Sunday working for retail and betting shop workers.
Employers also need to be mindful that employees may decide to take any dispute over changes to their employment contract to an Employment Tribunal if talks and/or mediation fail.
Duncan Lewis employment solicitors have extensive experience in handling potentially contentious employment matters, to help employers avoid confrontations with their workforce or being taken to a tribunal by an employee.
Duncan Lewis employment lawyers act on behalf of claimants and respondents in all Employment Tribunal related matters, so can understand potentially contentious employment matters from both sides, including high-cost employment cases and contract changes involving senior level staff.
The Duncan Lewis employment team can represent all types of employers, both large and small, in matters under the Employment Rights Act 1996.
Duncan Lewis also has successful departments covering civil liberties and the Human Rights Act, as well as finance, property and housing, family and childcare, mental health, personal injury and immigration – all of which may be relevant or offer additional insight into employment matters.
Our in-house experts are on hand to advise whenever necessary in an employment matter.
Duncan Lewis employment law solicitors operate a transparent fee scale – and can offer a range of competitively priced funding options to suit all sizes of business:
Duncan Lewis believes clients should always know what they will be paying – and will advise on the best funding option at the initial client meeting.
If you have a problem with an employment matter, it is important to take legal advice as soon as possible before the situation escalates.
Duncan Lewis can offer clear legal advice on employment law at any stage of an employment matter – including advising on changes to the terms of an employment contract before employees are advised of the proposed changes.
Duncan Lewis also has a successful track record in advising companies and employers on employment disputes involving changes to employees’ terms of employment, including defending employee claims at an Employment Tribunal.
Duncan Lewis has offices nationwide and in most major cities, with more than 20 offices across London and the southeast.
For expert legal advice on employment law and changes to the terms of an employee’s contract of employment, call Duncan Lewis employment solicitors on 020 7923 4020.