This looks at the main dos and don'ts when undertaking individual consultation in a contractual change of an employee's terms and conditions. Members enjoy access to our online hr management guide offering sample documents, guidance, research, faqs and articles Changing or varying the terms and conditions of a contract of employment can only be done with the agreement of the parties
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An employer is leaving him/herself open to a successful claim if he imposes changes to a contractual entitlement unilaterally.
Any decision to make changes to an employee’s contract must take into account the likely impact on the employee and the extent to which the burden of such changes is being shared between the employer and the employee.
Employee information and consultation cover three areas in relation to the business concerned Economic, financial, and strategic developments Decisions likely to lead to substantial changes in work organizations or contractual relations. When determining whether a benefit has been elevated to contractual status, via ‘custom and practice’, the courts tend to assess the frequency and duration that the benefit has been available.
If you're proposing employment contract changes, you should fully consult with all affected employees, workers and any relevant employee representatives You must have already provided initial information about the proposed contract changes.
