Terms and conditions of employment

Do I need a written contract of employment?

A contract does not need to be in writing. However, there is the right to written employment particulars (as contained in s.1 Employment Rights Act 1996). This covers certain terms and conditions of employment such as place of work, holiday pay, working hours and job title. This needs to be given within two months of the start of employment.

Can my employer impose a change in my contract without my consent?

Strictly speaking a contract cannot be varied unilaterally and the consent of the employee should be sought. However, sometimes an employer needs to impose changes for business reasons and may implement the change regardless of employee opinion.

What can I do if I don’t agree to a proposed change in my employment contract?

The first consideration is whether the proposed change would breach the contract. There is an implied duty in every employment contract that the employee is adaptable. If the change is in breach of contract, the employee has the following options: to agree to the change, or to object to the change.

If an employee objects to the change the following scenarios may occur:

• the employer may dismiss the employee and offer to re-employ them on the new terms
• the employer may dismiss the employee and not offer new employment
• the employee may continue to object and still be faced with the change, in which case they may consider resigning
• the employee may object and the employer may not impose the change after all

An employee who is dismissed or is forced to resign may consider pursuing the employer for unfair dismissal