In the absence of a variation clause, the situation becomes difficult. Here, you must first try to get your employees to accept the change. An existing employment contract can only be amended with the agreement of both parties. These changes can be agreed either with the worker as an individual or through a collective agreement. The problem is that you cannot simply issue new employment contracts with different business terms for existing employees. It is illegal to unilaterally make changes to the terms of employment of an existing employee, so the trick is to get your employee`s consent. If an agreement is reached, the terms of the existing agreement should be respected when the amendment is registered. It should be written down. B, signed by both parties and attached to the agreement. It can be difficult. On the one hand, the law recognizes as a general proposal the prerogative of an employer to manage or organize its business. On the other hand, it is not an absolute right and the terms of the worker`s employment contract should not be overlooked.
However, under UK labour law, you have to work hard. For immediate advice and advice, call us on 0800 028 2420 – we`re here to help. Once an amendment has been agreed, the employer must also update the written statement of the terms of employment and inform the employee in writing of what has changed within one month. Once an amendment has been implemented, the employer must notify the worker in writing of the changes within one month of the amendment coming into effect. If this type of clause is included in the original employment contract, you should be able to change the terms. During the duration of an employment contract, it is likely that some of the conditions of employment will change. Some remedial measures are common, for example. B a salary increase or promotion. And they will probably be consensual.
Therefore, if the proposed amendment affects an explicit clause in the worker`s employment contract (for example. (B) and that the agreement stipulates that any changes will be agreed upon, it will be more difficult for an employer to make a unilateral change, in particular a substantial change. A change clause in labour law is part of an employment contract that allows you to make changes if there is a good reason for this.