What happens if a contract is out of date, or does not reflect the intention of the employer?
Is there any way to change the terms of an employee's contract if there is no provision for the change in the contract?
If a term in a contract is discretionary or flexible, does this mean that the employer can change it?
What mechanisms are there to allow the employer to change the terms of a contract?
The employer can change the terms of a contract if it has the
consent of the employee. The employee can consent to the change orally, in
writing or by his or her behaviour. If the terms in the contract are changed
without the employee's consent, he or she can claim breach of contract and
damages, and in some cases unfair constructive dismissal, or unlawful deduction
If the employee does not consent to the change, the employer has the option of dismissing the employee and re-engaging him or her on the new terms. If the employer has a genuine business need to change the terms of the contract, it may be able to rely on "some other substantial reason" under s.98(1)(b) of the Employment Rights Act 1996 as being the potentially fair reason for dismissal. Depending on the numbers to be dismissed, the employer must comply with the collective redundancy consultation procedure, or risk the payment of a protective award.
Can an employer change an employee's hours where there is no contractual clause authorising it to do so?
How can an employer improve the chances of an employee agreeing to a change in terms and conditions?
Do all employees have to agree to a change to their contractual terms before the employer can implement the change?
Can an employee refuse to accept a variation to his or her terms and conditions of employment but continue to work under the new terms?
Is it possible to change the terms of a contract by dismissing an employee then re-engaging him or her under different terms?
Why should employers take into account collective consultation when varying employees’ contractual terms and conditions?
For how long is an employer obliged to consult with employees to obtain agreement to changes to their contractual terms?
If a contract of employment contains a flexibility clause, does the employer have to consult with the employee before it implements a variation to his or her terms and conditions?
How should an employer weigh up its options where only a small number of employees have agreed to a proposed contractual variation?
When will a term agreed through a collective process be binding on individual employees?
Can employers use an intranet to advise employees of changes to policies and procedures?
Can an employer use an intranet to advise employees of its wish to make a change to their contractual terms?
Where an employer has used its intranet to advise employees of its wish to make a change to their contractual terms, can the employer treat the fact that its employees have not objected as their acceptance of the change?
What procedures must an employer follow if it needs to cut employees’ pay?
Can an employer change the date on which it pays its employees?
What can an employer do to help an employee adapt to a change in his or her contractual terms?
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