Changes to employment contract

Usually, the employer and employee both need to agree to any contract changes. But an employee can insist on a change if they have a legal right to it. There are a number of ways your pay could be cut, for example: cutting your basic rate of pay. An employer can make a change (‘variation’) to an employment contract if: there’s something in the contract that allows the change (usually called a ‘flexibility clause’) the employee agrees to the change. From April, changes to the law relating to employment contracts will require you to provide greater detail in contracts and to issue them earlier in the process.

Currently, you have to include a section statement covering employment details within eight weeks of an employee ’s start date. Under employment law, any changes to en employee’s terms and conditions must be recorded. Of course they can be amended to suit other, less common variations too, including situations that may not be to the benefit of the employee. Flexibility clauses are terms in a contract that give employers the right to change some conditions of employment , for example relocation. Employers can only use flexibility clauses to make.

Letter of variation to employment contract. If you have a fair term to vary contracts already within an employment contract , you should be able to go ahead and do this with no issues. Send a letter should to your staff informing them that you reserve the right to make this change , when this change is due to take effect and the reasons for it. The weekly pay is subject to a maximum amount.

It must currently be provided within months of employment commencing and can usually be found within an offer letter or a contract of employment , or a combination of both documents. How to change employment contracts due to coronavirus. As an employer , you may ask yourself, “Do I need to make changes to employment contracts due to COVID-19? There’s a possibility you may have to make some changes to the: Hours staff work. Duties they complete.

Benefits they receive. An employment contract is a legal agreement between an employer and employee, so its terms can’t be changed or varied without the employee’s agreement. Your employer must meet with affected employees, or the union if one is recognise before changing your contract. They must outline the reason for the change and clearly explain any effects.

In practice, these terms will usually be included within the employee’s contract of employment. Further, even in cases where the contract of employment incorporates a flexibility or variation clause allowing, for example, changes to be made to an employees shift pattern or their place of work, you will not have an unfettered right to implement these changes in respect of all affected staff. Each April, HR professionals must ensure that their organisation complies with the latest round of amended employment laws and deadlines. All employers who use their contracts of employment to satisfy the minimum written terms that an employee must receive will need to review them in good time before April and make any necessary updates so that compliant contracts are in place to. For the employer not to need individual employees’ consent to contract changes , it must be very clear that union agreements are incorporated into individual contracts.

A requirement to consult with a union or staff council about changes to contracts may be included in a collective or other agreement , in any event. Some contracts also include contract variation terms which allow for certain changes to be made by your employer. Making changes to an employee’s contract that are not already permitted by the contract by way of a contractual ‘flexibility clause’ (for certain reasonable changes ) needs to be agreed by the employee in order to be legally valid.

Other possible changes affecting contracts Reform of confidentiality clauses – the government announced in its response to the consultation on the appropriate use of confidentiality clauses in cases of discrimination and harassment in the workplace, that it will legislate to require the limitations of a confidentiality clause in an employment contact to be included as part of the written. Where it has been agreed to vary an employee’s contract and the change relates to any of the particulars in the written statement mentioned above, you must give written notification of the change to the employee within one month of the change taking effect. What is the written statement?

Technically it may not be the ‘ contract of employment ’, but where a written contract is issued this information will normally be included in the contract. This will all change in April. A contract of employment is a legally binding agreement between an employer and employee.

Employment contracts consist of a mixture of express and implied terms.