Due to the complexity of changing terms and conditions, the best option depends from above, often with the company concerned, the number of employees involved and the change itself. Employers are encouraged to seek legal advice on the best option for them and the possible consequences of the proposed changes. The first point to address is whether a treaty change is really necessary. Sometimes the change an employer wants to make is part of a non-contract policy that can then vary without agreement. An employer could attempt to impose the contract change without the consent of the employees involved. This could lead workers to continue working under the new conditions, in which case the employer could argue that the change was accepted by the performance of the contract. Or the employer could see the board as an opening of a “worm box” where workers could probably put other issues on the table and prolong negotiations. Or an employer has no choice but to impose the change – for example: (a) if the company is in financial difficulty, a reduction in wages may be imposed on all workers, or (b) when a key customer needs a specific change from the employer to continue its activities, which affects the conditions of employment of workers. If you disagree, your employer is not allowed to simply make a change. However, you can terminate your contract (by announcement) and offer yourself a new one with the revised terms – you actually lay off and resume. When you start working under the new conditions, you make it clear that you are working in protest and treating the change as a breach of contract. Try to solve the problem directly with your employer. There are a number of possible outcomes that result from the unilateral application of a change in conditions: some employment contracts contain a variation clause that may allow your employer to make changes to your contract.
Implementing an amendment through an explicit agreement with the workers concerned would generally take effect by proposing the new contractual clause in writing to workers and asking for their consent. This should be done in writing in order to keep a record of the change. When your employer changes, you are generally entitled to a full new written statement on the job within two months of the change. They would not be entitled to it if: if a union is recognized, negotiations on an amendment to the treaty on collective agreements would have to be conducted. Any changes agreed to by a staff member following a successful flexible work request present a permanent change to their contract, which should be recorded and signed in writing. As noted above, any changes to the terms should be documented in writing to avoid uncertainty. In the course of a working relationship – particularly in the context of an employment policy relationship – particularly over the years – the conditions of employment will almost certainly have to change. At the beginning of employment, an agreement is established in accordance with Section 1 of the Employment Rights Act 1996, which may take the form of a detailed service contract with ancillary agreements and benefit and bonus schemes, or a simple short employment contract that passes through the essential points covered in Section 1. Your employer should not violate equality legislation when changing contractual terms.
Advice in advance can help your employer determine who is most likely to be negatively affected by the planned change and take steps to reduce this negative effect. The last option that is open to an employer is to lay off the worker under the terms of the old contract and offer employment on new terms. This method clearly opens the employer to unfair dismissal rights. However, if the termination is in accordance with the old contract and all legitimate rights are paid, an irregular right of termination is avoided.