Points to consider when varying terms and conditions of employment checklist

Published on: 27/12/2023

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.