An employment contract is a crucial document in any kind of work. It gives a formal reference point for the expectations and commitments set between an employee and their employer. In addition, the employee has certain statutory rights such as minimum wage, holiday pay and sick pay. However, employment contracts are not set in stone, as business needs can change over time, not least of which may be changes in the nature of the work an employee is expected to undertake.
For an employer to change the written terms of a working contract, they must give at least one month’s notice of the changes to their employees. However, many changes happen gradually and naturally over time or involve incremental changes in employer requests and expectations. If you disagree with or wish to challenge such changes, you must make this known as soon as possible to your employer. Failure to do so will normally be seen as acceptance by custom and practice of the new expectations, even if these do not feature in the written contract.
What if my employer changes my contract against my wishes?
In most circumstances, discussing this as soon as possible with your employer is the best way to resolve any confusion or differences in expectations regarding the contract between you. For example, if an employer expects you to work an additional day or on a new project for which you have not received sufficient training, requesting to be paid for the additional working hours or to receive adequate training before undertaking the task are reasonable requests an employer should be able to satisfy.
Remember that failure to ask can be seen as acceptance by custom and practice. However, if your employer makes significant changes to your role that are in conflict with your original contract and refuses to sufficiently compensate or train you for the change, you may be able to make a https://www.employmentlawfriend.co.uk/constructive-dismissal constructive dismissal claim
What is constructive dismissal?
This is reserved for situations in which your employer has broken the terms of your original contract such that you no longer feel able to continue in the role. Examples include failing to pay you or asking you to complete work entirely unrelated to your original role. A constructive dismissal claim is a serious situation that can be covered under both common law and statute law. It also exists as protection against workplace bullying and harassment, either perpetrated by an employer or allowed to continue by an employer that does not have sufficient procedures in place to adequately deal with such issues.
In circumstances such as these, it is important to cease work or make a formal grievance as soon as possible and never continue to put up with unfair or unsafe working conditions. Not only does this protect your physical and mental health, but continuing to work can be seen legally as an acceptance of the working conditions that may undermine your ability to make a claim later. The UK Government website offers further detail about the steps to take in such circumstances:
While most changes to a contract of employment can be negotiated and agreed upon between employer and employee, it is important to remember that if your employer makes unreasonable changes to your contract or undermines your trust and confidence in said contract, you should not ignore such changes. Where possible, know that you are not alone and seek support to challenge these changes or refuse to continue working. Many organisations exist, such as Citizens Advice, that will assist you in understanding your rights in such situations.