Changing terms and conditions of employment

Overview

• Changing terms and conditions of employment is a complex area and one which can cause problems in balancing the needs of the business and the rights of staff. This Checklist sets out some general guidance for employers and concludes with an action point checklist.
• An employment contract can be varied in a number of ways (each of which are considered in more detail below):
  • by express agreement (in writing)
  • by a collective agreement
  • by variations allowed for in the contract
  • by unilateral imposition of new terms, or
  • by dismissal and re-engagement on new terms
• Not all variations will involve a breach of contract as some documents, e.g. parts of a staff handbooks or sickness absence policies are sometimes not contractual and most bonus schemes are non-contractual. In such cases, employers may change such rules without employees’ consent.

The full version of this article is available to subscribers only. To read the full article you must sign in.
Or Find out more about subscription