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Changing terms and conditions

Do you need to change an employee’s terms and conditions? Are you aware you need to follow a procedure to prevent unfair, wrongful and constructive dismissal claims?

It is common that after you have issued terms and conditions to an employee the terms may need to be altered.

There are some changes which are likely to happen by mutual consent however other alterations the employee may be less happy to accept.

For example, pay increases or promotions are likely to happen by mutual consent of the employer and employee and these are unlikely to cause any legal issues.

However, sometimes an employer may wish to make an alteration to the terms and conditions which the employee is less happy to accept, for example, changes to working hours or benefits they may receive.

It is important, for the latter situation, that you understand the options you have.

If an employer wishes to make an alteration to the employees' terms and conditions which the employee is not happy to accept, an employer has three main options:

  1. To try and negotiate with the employee and dismiss those who refuse to agree;

  2. To terminate the existing contracts of employment and offer re-engagement on the new terms; or

  3. To impose the changes, and leave it to the employees to decide how to respond.

The team at Moore Blatch are able to provide tailored advice if you are considering changing any of your employees' terms and conditions. We are able to guide you through the process ensuring you are aware of the common pitfalls which will minimalise the chance of employees bringing a claim against you.

For more information please contact Katherine Maxwell or Naomi Greenwood.

 

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