Helping you change an employee’s terms and conditions whilst avoiding the risk of them claiming against you

  • Sometimes it is necessary to change an employee’s terms and conditions, and whilst they may accept some changes, they may not want to accept others.
  • It is vital you follow the correct procedure when changing their terms and conditions, to avoid claims for unfair, wrongful or constructive dismissal.
  • Our advice will take you through the required process and minimise the risk of an employee claiming against you.

What are terms and conditions of employment?

Terms and conditions of employment outline the rights, responsibilities and obligations of both the employer and employee, including working hours, salary, leave entitlements, and disciplinary procedures.

Why are terms and conditions of employment required?

It frequently happens 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, but others the employee may be less happy to accept. For example, pay increases or promotions are likely to happen by mutual consent and are unlikely to cause any legal issues.

Sometimes you might need to make changes to the employee’s terms and conditions which they don’t readily accept, such as changes to their working hours or benefits. When this happens, it’s important you understand your options:-

  1. To try and negotiate with the employee and dismiss them if they refuse to agree;
  2. To terminate their existing contract of employment and offer re-engagement on the new terms; and
  3. To impose the changes, and leave it to the employees to decide how to respond.

How Moore Barlow can help

You must be careful when changing an employee’s terms and conditions, as you will need to follow the correct procedure to prevent unfair, wrongful or constructive dismissal claims.

Our specialist employment solicitors can give you tailored advice if you are considering changing any of your employees’ terms and conditions. We will guide you through the process, helping you avoid the common pitfalls to minimise the chance of an employee successfully bringing a claim against you.

With our expert staff based across our offices in London, Southampton, Richmond, Guildford, Lymington and Woking, we’re ideally placed to offer specialist support on a local and national level.