Change to employment contracts

legal updates

This is not as straight forward as you would perhaps like it to be.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

As an employer, you may wish to alter the employment contracts that you have in place, perhaps a change in opening hours/days.

This is not as straight forward as you would perhaps like it to be, as it is a contract between you as an employer/the company and the employee both parties should agree the change.

Ideally, the employees would agree to the change and no problems arise but what do you do if the employees refuse the change. If you cannot obtain the voluntary agreement from the employees there are three options:

–    Continue to negotiate the change with the employees, revise the proposal or offer an incentive such as a pay rise or a one off bonus

–    Dismiss the employees on notice (you will need to set out the business reasons why) and then immediately offer re-employment on the new contractual terms when the current contract expires.

–    Impose the change unilaterally

There is a risk with 2 and 3 as this may give rise to a constructive dismissal claim.

The second option is a dismissal, whilst you may be offering new terms of employment the fairness will be based upon a number of factors such as the consultation that took place, the efforts to attempt to reach a compromise and the employees reasons for rejecting the new terms. The first option is the safest.

Its always best to seek our advice first!

Don’t forget, if you are a member of Lawgistics, log into your online account to download employment contracts.

Automotive ComplianceWE TALK YOUR LANGUAGE, WE KNOW YOUR BUSINESS

Need help with keeping on track with FCA Regulation and Compliance? Partner with Automotive Compliance

Roxanne BradleyLegal AdvisorRead More by this author

Related Legal Updates

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Update on Rights to Flexible Working Requests

Employers will remain entitled to turn down a request pointing to reasonable grounds as a basis for refusal.

Three new employment laws for 2024

The Carers Leave Act, The Neonatal Care (Leave and Pay) Act and The Protection from Redundancy (Pregnancy and Family Leave) Act.

Parents and Carers: New Protections at Work

Parents and carers will benefit from the following new employment protections that received royal assent in May 2023.

April 2023 Pay Rate Increases

The new financial year is upon us, with new rates abound.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.