Is it legal to change a contract of employment?

A contract of employment is a legal agreement between the employer and the employee. Its terms cannot lawfully be changed by the employer without agreement from the employee (either individually or through a recognised trade union).

How do I change an employee contract?

An employer can make a change (‘variation’) to an employment contract if:
  1. there’s something in the contract that allows the change (usually called a ‘flexibility clause’)
  2. the employee agrees to the change.
  3. the employee’s representatives agree to the change (for example, a trade union)

How contracts can be changed lawfully?

You must get an employee’s agreement if you want to make changes to their contract. consult or negotiate with employees or their representatives (for example from a trade union or staff association) explain the reasons for changes. listen to alternative ideas from employees.

Can I refuse to change my contract?

If you want to make a change to your contract, speak to your employer and explain why. You can’t insist on making changes unless they’re covered by a legal right, for example, opting out of Sunday working or the 48-hour week. You might be able to apply to change your hours under flexible working rights.

Can I refuse to sign a contract of employment?

At no point does an employee have to sign an employment contract you provide them. It is also within their rights to refuse to sign a new employment contract. If that happens then you can, of course, speak to the individual and discuss a way around their current issues with what you offered them.

Can employees be dismissed for refusing to accept new terms and conditions of employment?

If they refuse to sign up to the new contractual terms they will be dismissed for Some Other Substantial Reason (SOSR). You must be able to rely on a sound business reason for this dismissal — that the needs of your business outweigh any disadvantage to the two employees.

Is it illegal to change a job description?

In California, an employer may change an employee’s job description to add additional duties if the employee is hired at will. Thus, just as an employee may quit her job at any time (because she too works “at will”), so may an employer change the nature of a job by altering the job description at any time.

How do you vary a contract?

Can I refuse suitable alternative employment?

If an employer makes a change to a contract without getting agreement (including by using flexibility clauses unreasonably), employees may: have the right to refuse to work under the new conditions. say that they’re working any new terms under protest, and are treating the change as a breach of contract.

What happens if employee refuses to sign new contract?

Yes, an employee can refuse suitable alternative employment on the grounds that it is not ‘suitable’ but if they do so unreasonably, they will lose their right to statutory redundancy pay.

Can I refuse to change my working hours?

So if they refuse to sign, then you would give them their notice, which you do have to pay. And as they have not signed a contract, and are refusing to do so, the statutory notice periods apply, which is one week’s notice up to the completion of 2 years’ service. Not the notice periods in your contract.

Can I sign a new employment contract before resigning?

Usually your employer needs your agreement to change your contract. You can refuse to accept the change, and your employer normally cannot force you to accept it but there are some exceptions to this and ways employers can impose changes.

How long should you wait for a contract?

Sign before you resign

One thing you should never do is resign from your current job before you have the written job offer and have signed the contract for your new one. It only takes one thing for a contract to fall over.

How much notice must an employer give to change working hours?

Two weeks is usually a good time period to wait before contacting them, especially if you were expecting some type of contact within that timeframe. Whatever you do though, do not be rude. The hiring process can get complicated quickly, and you should be courteous to them throughout it.

Do I need a new contract if my hours change?

The notice period for the change to working hours must also be agreed with the employee in advance of any change being imposed. The general rule here is that you must provide a minimum of one week’s notice for each completed year of service and at least the same amount of notice if you were dismissing the employee.

Do I get paid if my shift is Cancelled?

If the company are making any other changes to your contract then they would need to consult with you, then cannot force contract changes on you. If you were not willing to agree any such changes then the company may require you to continue working under your current contract, and as such, under your current hours.

Can I change an employees hours?

Employers have the right to schedule and change shifts to meet their business needs. At the same time, employees are assured of being paid a minimum amount if they are scheduled to work a shift that is cancelled or shortened by the employer, or if they are called in to work without prior notice.