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Wednesday, 3 October 2023

Disagreeing to changes in your employment conditions

Sometimes your employer will want to bring in a change to your contract that you don't agree to. Find out what your rights are if that is happening and how you can raise your complaint.

What if you and your employer don't agree?

If you don't agree, your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the revised terms - effectively sacking you and taking you back on. Your employer would be expected to follow a statutory minimum dismissal procedure. They may have to follow a collective redundancy consultation process if they plan to do this to a group of employees.

If this situation happens in your workplace, you should contact the Advisory, Conciliation and Arbitration Service (Acas) or another advice service from our contacts pages for further guidance.

If you don't accept the new contract - or if you've accepted the new one but feel there was no good reason for ending the old one - you have the right to make an unfair dismissal claim provided you've at least one year of continuous service with your employer. You may also be able to claim redundancy if you have at least two years service.

If there is a sound business reason for the change, and your employer has properly consulted you and looked into any alternatives, you could find it difficult to win your claim.

What you can do

Your employer isn't entitled to simply bring in any change they wish. If your employer tries to make a change that you don't agree with (for example trying to demote you or cut your pay) tell them immediately. Put your objections in writing, asking for reasons for the change and explaining why you don't agree.

If you carry on working without taking action it may count as acceptance of the new terms (even if you haven't signed anything), so you'll need to make your objections clear.

If you start to work under the new terms, make it clear that you're working under protest and are treating the change as a breach of contract. Try to sort out the problem directly with your employer. If you can't resolve the problem directly, you may need to take some kind of legal action.

Breach of contract complaint

If your employer tries to force a change in your employment contract without your agreement this will be a breach of contract. If you suffer a financial loss because of the breach (for instance your employer cuts your pay) you may be able to seek damages by making a claim for:

  • breach of contract
  • unfair dismissal if one of your statutory employment rights has been breached
  • unlawful deductions from wages if your pay is reduced because of the change
  • constructive dismissal if the situation is completely unbearable and you regard yourself as having been dismissed

Bear in mind that employment law is complex - you should take legal advice before resigning or taking legal action.

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