Changes to employment conditions: what if you don't agree

Sometimes your employer will want to bring in a change to your contract that you don't agree to.

What if you and your employer don't agree?

If you don't agree, your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the revised terms - effectively sacking you and taking you back on. Your employer would be expected to follow a statutory minimum dismissal procedure. They may have to follow a collective redundancy consultation process if they plan to do this to a group of employees.

If you don't accept the new contract - or if you've accepted the new one but feel there was no good reason for ending the old one - you have the right to make an unfair dismissal claim provided you've at least one year's continuous service with your employer. You may also be able to claim redundancy if you have at least two years service. If there is a sound business reason for the change, and your employer has properly consulted you and looked into any alternatives, you could find it difficult to win your claim.

What you can do

Your employer isn't entitled to simply bring in any change they wish. If your employer tries to make a change that you don't agree with (for example trying to demote you or cut your pay), tell them immediately. Put your objections in writing, asking for reasons for the change and explaining why you don't agree. If you carry on working without taking action it may count as acceptance of the new terms (even if you haven't signed anything), so you'll need to make your objections clear. If you start to work under the new terms, make it clear that you're working under protest and are treating the change as a breach of contract. Try to sort out the problem directly with your employer.

Legal action

If you can't resolve the problem directly, you may need to take some kind of legal action, you might:

claim breach of contract
if one of your statutory employment rights has been breached you might make an Industrial Tribunal claim
if your pay is reduced because of the change, you could make a claim for unlawful deductions from wages
if the situation is completely unbearable you could resign from your job and claim constructive dismissal

Bear in mind that employment law is complex - you should take legal advice before resigning or taking legal action.