By way of example, where you are looking to rely on a mobility clause within an employee’s contr… Approaching employees with your proposal for change You also have the option to opt-out of these cookies. We would like to extend the notice period of several of our senior managers. A notice period of a month gives you a reasonable amount of breathing space to recruit a replacement employee. You must also follow a fair procedure, including some form of consultation process and providing employees with the statutory minimum notice period prior to dismissal. Four weeks if employed for more than four weeks. What Reasonable Adjustments Can I Ask For? The employer could, of course, make things like future salary increases conditional on signing the new contract (unless the existing contract specifies some sort of automatic increase each year, which is very unlikely!) Minimum period of notice E+W+S 86 Rights of employer and employee to minimum notice. When looking to make a change to an employee’s contract of employment you should not only approach the matter having regard to the economic and operational needs of your business, but at all times having regard to the individual needs of each employee affected by the change. In some instances, employees may even come up with new ideas and alternatives that you may be willing to try. As Neil W. says, the employee can refuse to sign - a change to an employment contract has to be agreed by both parties just like a change to any other contract. It is prudent for an employer to implement and update their employment contracts. As set out above, this could either be through reliance on a contractual provision, through mutual or collective agreement, or even forcing through a reasonable change using a process of dismissal and rehire. As such, “dismissal and rehire” should only be used as a last resort, where all other options and alternative solutions have been completely exhausted. During the trial period, both employer and employee are allowed to terminate the employment contract with immediate effect. Even if you have the right to make changes to an employment contract, you may want to offer the employee something in return as a sweetener. 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. All content is available under the Open Government Licence v3.0, except where otherwise stated, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases, consult or negotiate with employees or their representatives (for example from a trade union or staff association), listen to alternative ideas from employees. Once an employee has been notified of the future change, she is, of course, free to seek other employment, as she would be at any time. Employee notice periods are determined by the contract of employment and the law. Explain to your employer why you want to make the changes. Small changes probably wouldn’t carry an expectation of incentive/compensation. The importance of consulting and communicating with employees and their representatives before making any decisions cannot be underestimated. When should an employee receive a permanent contract? Consult or negotiate with employees and/or their representatives, Fully explain your reasons behind making the change, Invite employees to share their concerns and suggest alternative ideas, Listen to employees concerns and consider all their ideas, Elect to work under the new terms, albeit only doing so under protest and treating the change as a breach of contract, Take a case to a tribunal for breach of contract, unfair dismissal, or even. To lawfully dismiss an employee you will need to establish one of five potentially fair reasons as set out under the Employment Rights Act (ERA) 1996, namely conduct, capability, redundancy, breach of a statutory restriction or “some other substantial reason” of a kind that justifies the dismissal. You should, however, inform your employee if you do not want to renew the contract. Needless to say, where you are asking an employee to work at a new location within reasonable driving distance of their home, you will not need to give them as much notice as when asking them to relocate to an entirely different region. If the terms and conditions of an employment contract need to be changed, both employers and employees should negotiate and try to reach an acceptable agreement, taking into consideration business needs … Statutory notice is the minimum legal notice that can be given. In circumstances where you cannot agree a change of contract, it is often best to keep talking for as long as possible, making every effort to reach a compromise. Where a trade union is recognised, negotiations to change contract terms should be through collective bargaining. In circumstances where you are planning to dismiss and rehire 20 or more employees within 90 days or less, you may have to follow the collective consultation process used for redundancy dismissals. In Lancia v.Park Dentistry, the Ontario Superior Court confirmed that employers can change the fundamental terms of an employee’s employment, without providing consideration, so long as they take appropriate steps to provide reasonable notice of the change coupled with notice that employment under current terms would terminate at the end of that notice period. Its terms cannot lawfully be changed by the employer without agreement from the employee (either individually or through a recognised trade union). To help us improve GOV.UK, we’d like to know more about your visit today. As set out above, this could either be through reliance on a contractual provision, through mutual or collective agreement, or even forcing through a reasonable change using a process of dismissal and rehire. On the other hand, in circumstances where you are forcing through a change through dismissal and rehire, you will always need to provide the employee with the statutory minimum notice period for terminating their contract of employment. Dismissal for refusing to agree to new contractual terms typically falls within “some other substantial reason” under the ERA 1996, provided there is a sound and legitimate business reason for the change. This can be accomplished in one of two ways, the first being to get employees’ consent and provide consideration for the change. When seeking to change employees’ terms and conditions, you should first look at their existing contract … The Unfair Dismissals Acts 1997–2015 will not apply if you are dismissed at an early stage in your employment while you are on probation or undergoing training, provided that: The contract of employment is in writing This website uses cookies to improve your experience while you navigate through the website. Usually, the employer and employee both need to agree to any contract changes. A contract of employment is an agreement between you and your employer that outlines the rights and duties of both sides.. At some stage your employer or you might want to change your contract of employment. The second is to give working notice of the change and implement that change upon the conclusion of the notice period. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The notice that you are required to give an employee to implement a change of contract will depend on the particular circumstances giving rise to the proposed change and the basis upon which the change is sought. Regulated by the Solicitors Regulation Authority No. When an employer wants to change the notice period. You may also want to talk with workers, asking them about their future plans. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. The employee must comply with certain formal and notice-period requirements when resigning.. Who is concerned. The latter ha… These are each dealt with in turn below. You can use the consultation process to explain your business case, answer employee concerns and consider your options. An employment contract must contain at least the following information: name / address of the employer and employee, work location, job title and description, start / end dates (open-ended in case of indefinite contracts), trial period (if any), hours of work, salary and other expenses, and a notice of termination clause for both parties. You can insist on a change if it’s covered by a statutory right - for example not working on a Sunday. In particular, the absence of any explanation, discussion or consultation on the part of the employer can lead to disagreement and disharmony, and in extreme cases, irreparable damage to the employment relationship. Measures will be needed to manage the organisation’s exposure to legal risks and impact on employee relations as a result of varying contract provisions, however minor or positive you consider the changes to be. All employees have the right to resign, that is, to terminate their employment contract at their own initiative. If the notice period for the employee to end a contract of employment is extended, the notice period for the employer should be double the notice period of the employee. Having secured an agreement for a change of contract, you should provide a written statement of these changes to each affected employee. For example, if an employment contract states that the employee “may not take work in the same field anywhere in the United States for a period of 20 years,” a judge may alter it. In these circumstances, it’s important employers consider getting legal advice before making a change. My employer wants to change my contract so my notice period is 3 months instead of 1 month. Tier 1 Investor Visa (Application Guidance), Approaching employees with your proposal for change, Providing a written statement of any contractual change, Pushing ahead with your proposals without agreement. The employment contract defines the employer-employee relationship, including the terms and conditions of employment. There are two types of notice period: statutory and contractual. These cookies do not store any personal information. But opting out of some of these cookies may have an effect on your browsing experience. Changing employees’ contractual terms requires careful handling and expertise. 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; the employee's representatives agree to the change (for example, a trade union) Ll send you spam or share your email address with anyone carry an expectation of incentive/compensation you agree our! Necessary cookies are absolutely essential for the employee ’ s often seen as a result of unreasonable. 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