Points to consider when varying T and C of employment checklist

Filed Under: Recruitment & Contracts - Checklists | Published on: Tuesday, 07 February 2012 10:14 AM
  1. Are the changes "contractual" or merely guidance notes i.e. policies and procedures. Only contractual terms require the employee`s consent to a change
  2. Check the contract of employment. Does it give you an express right to change the terms and conditions? Are there clearly worded  flexibility or mobility clauses? If not, the employee may be able to sue for damages or, if the proposed changes are significant, resign and claim constructive dismissal.
  3. If there is a recognised Trade Union or employee consultative forum, set up the appropriate meetings to discuss the changes.  
  4. If there is no recognised Trade Union or employee consultative forum, you will need to advise the employee(s)  as soon as possible of the proposed change. Ideally this should be by way of a meeting where you can explain the reason for the changes.
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