Changing Terms of Employment
Solicitors offering legal advice on changing terms of employment
Find out how we can help with your employer changing your terms of your employment, and whether you’re able to to refuse to accept a new contract.
Call our Employment Team Email our Employment TeamMaking changes to terms of employment
It is quite likely that, at some point during an employment relationship, an employer will want to change the terms and conditions on which an individual or a group of staff are employed. This may arise following a promotion or business reorganisation, or owing to a desire to harmonise terms across the business. Changes can’t be made unilaterally, so in the absence of the employee’s agreement or a contractual right to vary, what can be done?
Legal advice on varying terms
The employer could simply impose the new contracts on the employee and await their reaction. If no employees protest against the changes and continue to work, they could be seen to have accepted the new terms.
It is also possible for an employer to provide notice of the change to any employees resisting the variation, and at the same time offer to re-engage those employees on the expiration of their previous contracts of employment under the new terms under what is called “fire and re-hire”. The use of this tactic may persuade some employees to agree to the changes and accept the new terms, but is not without risk.
Our team of experienced employment solicitors can advise you on all aspects of changing terms of employment – including how the Employment Rights Act 2025 could affect your contracts – so get in touch today for free initial advice.
What rights does an employee have if their employer imposes new terms?
If an employer chooses to vary the employee’s contract without agreement, then the employee has a few options.
- An employee can remain in employment under the proposed changes however they must make clear that they are working ‘under protest’. This can only be used as a temporary measure until the matter is resolved.
- If the changes cannot be agreed, then the employee may be able to bring a claim for breach of contract. If the changes to the employment contract are substantial, this may amount to a repudiatory breach of contract and, depending on their length of service, the employee might be able to pursue a claim for constructive dismissal.
Trusted legal advice from an award-winning law firm in Nottingham, Leicester and Derby
If you need advice or help in relation to a contract of employment, speak to one of our employment solicitors today and find out how we can help. Contact us on 08456 465 465 or email enquiries@rotherabray.co.uk
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Natalie Abbott
Partner & Head of Employment
Natalie works in our Nottingham office. She is a Partner and Employment Law specialist with over 10 years’ experience representing both businesses and individuals across a range of employment services including settlement agreements, discrimination, dismissals and redundancy.
Rachel Mills
Managing Associate
Rachel Mills is a Managing Associate in Rothera Bray’s Employment Law department and is based at our Derby office.
Lauren Kilbride
Associate Solicitor
Lauren Kilbride is an Associate Solicitor within Rothera Bray’s Employment Law department and is based at the firm’s Lace Market, Nottingham office.
George Cokkinos
Solicitor
George Cokkinos is a Solicitor in Rothera Bray’s Employment department and is based at our Derby office.
Will Trotter
Solicitor
Will Trotter is a Solicitor in Rothera Bray’s Employment Law department and is based at our Nottingham office.
Joshua Davies
Paralegal
Joshua Davies is a Paralegal in Rothera Bray’s Employment team and is based in our Nottingham city centre office.
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