Your employer may make changes to your contract via a ‘flexibility clause’ or a ‘variation term’, these are usually fair and reflect the particular quirks of the job itself, for instance:-
- Changing your work hours – for example, if working outside on a farm you may need to change hours to make use of natural light
- Your location for work – if your employer has several worksites they may need you to cover at another site for a while
- Job duties – If something unexpected turns up and you need to take on extra duties
- Fringe benefits/perks – when an employer brings in a bonus scheme or changes the perks/benefits associated with the job.
Flexibility clause
You should check the wording of the clause to see what they may change. The wording of the clause must be specific. This means that there should be no areas in which you are unsure of what you should be doing. Even if a flexibility clause is included, it is a good idea for the employer to discuss it with the employee before making a change. If there is no flexibility clause in the contract, the employer and employee would discuss and agree before the change can go ahead.
Getting agreement
The employer and employee both need to agree to any changes made in the contract. The employer should explain the reason for changes and listen to the employee’s alternative ideas/feedback.
Making the changes
Once the changes have been agreed on, the employer needs to update the terms in the employee’s written statement of employment conditions and write to the employee within a month to inform them exactly what has happened.
Changes that are not agreed
When a change cannot be agreed on by both employer and employee, it is best to keep talking to reach a compromise and consider all options. However, if this does not work, employees should follow their workplace policies, for example, to use the grievance procedure if they are not happy.
If you don’t agree to a change and are unhappy with it there are several things you can do.
- State you’re working under protest -Let your employer know you are working under protest, this shows the changes have not been accepted but you are willing to try and resolve the issue(s).
- Say you will not accept the change – Make this clear to your employer. Ask for the reason why for the changes, and ideally suggest (in writing) other solutions.
- Try to agree – Try to agree as quickly as possible with your employer. If an agreement cannot be concluded, consider making a claim to an employment tribunal or suing your employer for breach of contract.
Dealing with problems
If a problem arises regarding changes to a contract without an agreement or there has been a breach of contract, the employer and employee should solve this informally or go through the process of mediation. Mediation is when a third party becomes involved and tries to get both parties to agree on a compromise. Employers or employees have the right to legal action if informal negotiations or mediation does not work out. Lestons have staff trained in mediation who can hopefully work out a fair deal for both sides.
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