Terms and conditions: Vary an employee's terms and conditions

When to use this workflow

Use this workflow to vary the contractual terms and conditions of one or more of your employees in accordance with good practice and the obligation to consult over the proposed change.

While an employer can implement a variation to employees’ contractual terms by agreement either with the employees individually or through collective bargaining with a trade union where appropriate, this workflow covers only the former scenario.

The workflow can be used either where the employee's contract of employment contains a clause that authorises the proposed variation or where there is no such clause. Following a fair procedure will help employers avoid claims for breach of contract, unfair dismissal, protective awards and/or unlawful deductions from wages.

This workflow is an example of a legally compliant process. Where your organisation's own procedures go beyond the procedure set out in this workflow, you should follow these.

Workflow authors: Produced by the XpertHR editorial team with the assistance of Catherine Shepherd and Katherine Sadler-Smith.

Key Steps

  • Consult with affected employees individually
  • Implement the variation for employees who have agreed
  • Confirm dismissal and offer of re-engagement in writing to employees who have not agreed
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