As an employer, you may sometimes have to change the terms of your employees` contracts for various reasons. However, it`s important to know your legal rights and the considerations you need to make when making any changes.
Firstly, it`s important to understand that changing an employee`s contract without their agreement could be a breach of contract. If you want to make changes to an employee`s contract, you should first discuss the proposed changes with them and seek their agreement to the changes in writing.
Suppose the employee does not agree to the changes proposed. In that case, you may need to consider alternative options such as terminating the existing contract and offering a new one or serving notice to terminate the employee`s contract and re-engage them on new terms.
Employers should also be aware that certain changes to an employee`s contract could have legal implications. For example, if you want to make changes to an employee`s pay or working hours, you need to ensure that the changes comply with the National Minimum Wage Regulations and working time regulations.
In some cases, changes to an employee`s contract could also result in a breach of discrimination legislation. For example, if you want to change an employee`s working hours and they have childcare responsibilities, the proposed changes could amount to indirect sex discrimination.
To avoid potential legal issues, employers should always seek professional advice before making any changes to an employee`s contract, especially if the changes are significant.
Finally, it`s important to ensure that any changes to an employee`s contract are communicated effectively and transparently. Employers should provide the employee with a clear explanation of the changes and give them a reasonable period to consider and respond to the proposals.
In conclusion, changing an employee`s contract can be a complex process that requires careful consideration and adherence to legal requirements. Employers should always seek professional advice and ensure that any changes are made transparently and with the employee`s agreement.