As companies bring back furloughed staff, and to help them get back on their feet, they may look at wanting to change hours or work and indeed how they work, as the business adapts. Even though most employees are understanding at this unprecedented time, flexing contracts to meet business needs has to be approached with caution.

Here are our thoughts to help you form best practice:

Contracts can’t be just changed without agreement

A business owner may be thinking about what is best for their business, but they also need to take a look through the employee’s eyes. Employee contracts are binding agreements and therefore by law cannot be varied without the consent of both parties. If the new terms are forced on employees, they could sue for breach of contract, constructive dismissal or loss of earnings.

Consider that there may be flexibility in the contract of employment

From the outset, some contracts have a degree of flexibility written into them to allow changes further down the line. This may aid the employer at this time, however, the terms to flex the contract must be clear and again the employer much consult the employer before doing so.

Getting the process right.

To make sure the employer is going about everything in the right way, here is the process you must endure to when making changes.

Invitation to an individual consultation meeting to discuss

Letter seeking employee’s agreement to any variation

Letter from employee confirming agreement to the variation

Letter informing employee representatives of the proposed variation

Invitation to an individual consultation meeting to discuss varying contract

Letter seeking employee’s agreement to the variation

Letter confirming agreement of variation

Letter informing employee representatives of the proposed variation

Letter to employee representatives starting consultation on the proposed variation

Confirm agreement to variation in writing

To avoid any confusion or challenges later, employers should ensure that consent to changes is in writing

Notify the employee of changes to their employment in writing

And the final note is to make sure the changes to the terms are in writing and served to the employee within one month from the process being started.

If you require any advice or tips on how to navigate this process, then we are here to help

PRIDE IN PEOPLE