If a proposed change is covered by the employment contract, the employer can bring in the changes.
Check if there’s anything in the contract that says the employer can amend (‘vary’) specific terms of employment, for example:
- hours or days worked
- rates of pay
- the place of work
Legally this is known as a ‘flexibility clause’ or ‘variation term’.
Check the flexibility clause wording to see:
- what the employer can specifically change
- if the employer needs to give any notice to make a amendments
- if the employer needs to follow a certain process to make an amendment
Check the clause
If the contract a flexibility clause, it needs to be clear and specific about what can be changed.
For example, an employer might be considering a change to an employee’s place of work.
If there is a flexibility clause in the contract that says the employee can be asked to work anywhere in the UK, the employer could adjust their place of work without needing to change the contract.
Consulting employees when there’s a flexibility clause
Even if a change is covered by a flexibility clause, it’s still a good idea for the employer to talk with employees before deciding to make a change.
Talking to employees from the start can help implement a change that:
- meets the needs of the business
- works for both the employer and employees
If there’s no clause
If there’s no flexibility clause covering the proposed change, the employer and employee would need to agree to the changes before it can go ahead.
Do you need help to changing an employees contract? Get expert professional advice. Contact Beagle HR today!
This article has been adapted from the ACAS website
