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Objecting to Changes in an Employment Contract

By: Abigail Taylor - Updated: 9 May 2017 | comments*Discuss
 
Employment Contract Change Hours Pay

If your employer wants to make changes to your employment contract such as your pay, your hours, location or holidays, it can be a worrying time for you as an employee. If you don't agree to the changes, you do have certain rights.

A contract can generally only be amended according to its terms, or with the agreement of both parties. An employment contract is no different. You must be given notice of any proposed changes by your employer. This gives you chance to object to any changes. Below we've answered two quite typical questions followed by a guide to what you can do if you disagree with changes, together with a letter template.

Question 1. My employer wants me to change to annualised hours

I have worked for the last 12 years for the same Company having gone to a 4 day working week approximately 6 years ago doing a 28hr week. The Company now wants to change to Annualised Hours Contracts. I will still be working 4 days a week but possibly doing 9.5hrs a day with a half hour break so doing possibly 38hrs over 4 days then during the winter months going to a possible 3 day week.

I do not agree with this change of contract and do not want to work these hours. Can the Company dismiss me if I refuse to sign a new contract as they seem to be inferring. What are my rights and what can I do please.

Answer

If the pattern of 4 days/28 hours per week is expressly written in your employment contract, then this is a contractual term. It can only be altered with your agreement. If your employer dismisses you for disagreeing with proposed changes to a contractual term, then you will likely have a claim against them for unfair dismissal (see below "If you can't reach agreement")

If the pattern of 4 days/28 hours per week is not expressly written in your employment contract then you may have more difficulty resisting the changes. Check exactly what is in your contract, as it may have a maximum number of hours. If you are unhappy with the changes, speak to your employer about your concerns. For example if they need staff to work 9.5 hours days, can you work less days (so less total hours)?

Question 2. Company says I'll be dismissed if I don't agree to changes

I have been invited to my first consultation meeting regarding a change to our contracts to work 3 fixed bank holidays and move to 5 days instead of 4. Is there anything I can do to change the bank holiday changes?

I have spoken to the company and they have offered no alternative. The company says this is needed in order to fulfill my role and could lead to dismissal if I do not accept the changes.

Answer

Check what your employment contract says. Does it list your holiday as including bank holidays (eg 24 days plus bank holidays)? If so you could refuse to work bank holidays, or at least require a day holiday in lieu. If your employment contract expressly does not require you to work bank holidays then you cannot be dismissed for refusing the change. However bear in mind that if this is now a legitimate requirement for the role, then by refusing you may force your employer to consider making you redundant.

Disagreeing with changes

If you disagree with changes proposed to your employment contract, it is really important that you communicate that clearly. If you do not and continue to work varied terms (e.g. work a changed time shift), then this could be seen as implied acceptance of the changes.

In order to clearly communicate disagreement to any changes, we recommend formally writing to your employer. Should the matter later proceed to an Employment Tribunal, this letter will be treat as a written grievance.

You cannot be fired for disagreeing changes to your employment contract. If your employer did so, you would have a valid claim against them for unfair dismissal (providing that you have worked for that employer for a minimum period of two continuous years).

Template letter

Dear XXXXXX

This is to inform you of my position in relation to the proposed changes to my employment contract.

Your have advised that you wish to make the following changes to my employment:

(E.g.) You wish to change my usual working hours from 6pm-10pm to 4pm-8pm

I object to these proposed change(s) for the following reasons:

(E.g.) I am unable to start work at 4pm at I have to pick up my son from school at 3:50pm and take him to my parents, who look after him in the evening. The school is 30 minutes drive away and I have no one else who can pick him up. My parents do not drive.

[If you have any, it may help to resolve the situation to suggest a compromise.]

I understand that recent changes in the area mean that the business has been busier earlier and so you need staff to work from an earlier time. I am unable to start work at 4pm, but if it would assist, I would be willing to change my working hours to work from 5pm to 9pm.

I hope that we can resolve this situation amicably and request a meeting at a mutually convenient time to discuss the matter further. I would want [name of another employee] to attend the meeting.

Yours sincerely,

If you can't reach agreement

If you are unable to reach an agreement with your employer, you may need to take more formal steps.
  1. You have 3 months minus 1 day - from the date of the issue arising to issue a claim at the Employment Tribunal. It is therefore really important that you deal with any issue promptly rather than just hoping it will go away
  2. You must notify ACAS - before you can take a matter to the Employment Tribunal. This can be by phone or online form
  3. An ACAS officer will then call you within 2 working days to discuss the matter. You can refer them to any legal advisor if you prefer
  4. ACAS will offer you their Early Conciliation Service. Essentially they try to assist with communication between the parties to try to help you and your employer reach an agreement. The idea is that this is both cheaper and a lot quicker than going to the Tribunal
  5. If you do not wish to participate in conciliation you do not have to do so. Alternatively if you try it and don't reach an agreement, you can still go to the Tribunal
  6. You need a reference number from ACAS to put on your Tribunal claim form (ET1 form). If you do not include an ACAS reference number, the Court will not hear your claim

If you need to refer the matter to the Employment Tribunal, you can seek free and independent help from your Trade Union or local Citizen Advice Bureau.

Non-contractual changes

It is important to remember that not all changes to your employment contract are contractual. For example an employer can often change the criteria for giving out discretionary bonus without changing your contractual terms.

Some contracts also include contract variation terms which allow for certain changes to be made by your employer. For example:

  • A mobility clause - this will usually allow your employer to require you to work at another site within a certain geographic area (e.g. if you work for a restaurant chain that has two restaurants within the same city, you may be asked to work at the other site.)
  • A flexibility clause - this will usually allow your employer to change your duties at work - the clause usually lists your main duties and then says 'plus anything else reasonably asked of you'. (e.g. a bartender's usual duties might be to mix cocktails. However if the bar is particularly quiet one day, they may be asked to hand out coupons outside the bar in order to entice in more customers.)

If you are unhappy with any proposed change however, speak to your employer. If you explain your concerns, it may be that you can reach a compromise.

If you need any assistance with deciding if a change is contractual or non-contractual, or want help with objecting to a change, seek free and independent help from your trade union or local Citizens Advice Bureau

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