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Occasionally, your employees may request a change to their employment contracts. When your employee requests changes to their employment contracts, it is helpful to know how you should handle this. It is also essential to approach changing employment contracts carefully and consider potential issues, such as a claim for constructive dismissal. This article will explain what you, as an employer, need to know about how to handle employment contract changes in England.
Why Might an Employee Request a Change to Their Employment Contract?
Your employees may request changes to their employment contracts for numerous reasons. For example, they may request changes to:
- reflect the work you have asked them to do in their job role;
- detail their new job role in your business;
- request new tasks in their job role to expand their skill set;
- change their shifts or place of work due to a workplace issue such as bullying; or
- request a pay rise.
Once you have done the above, you should discuss your employees’ requests with your employees.
Considering Flexible Working
Your employee will have a legal right to request flexible working arrangements, which is a request for an employment contract change, where they:
- are legally considered an employee;
- have worked for you for a minimum of 26 weeks; and
- have already requested flexible working in the past 12 months.
A flexible working request could change your employee’s employment contract by changing their:
- number of work hours;
- work location;
- working times; or
- work status.
Although you do not have to agree to your employee’s request, you must consider the request and handle it reasonably.
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What To Do When You Receive an Employment Contract Change Request
If your employees request to change their employment contracts, you should take action aside from your legal duties when they request flexible working.
1. Consult Your Employees and Their Representatives
When an employee requests a change to their employment contract, you should consult them and their representatives about it. This means you should listen to the request and ensure you understand their reasons for the request. You should also seriously consider the request, such as how it could benefit you and your business.
2. Offer Another Solution
Where you have consulted your employee’s about their request to change their employment contract and cannot agree on a suitable change, you should still consider an alternative solution that might work for you.
Your employee’s request to change their employment contract will have a reason behind it. For example, there could be an issue at work that an employment contract change may not be able to resolve, such as bullying in the workplace. Hence, you might approach another solution. If an employee is being bullied, you might take disciplinary action rather than change their employment contract.
What To Be Aware of When Handling Employment Change Requests
When you handle employment change requests from your employees, you should bear in mind legal issues in employment law, which could be raised if you do not handle the request appropriately. You should be aware of potentially:
- causing damage to your working relationship;
- receiving employment claims, such as for constructive dismissal;
- lowering staff morale and productivity;
- illegally discriminating against your employees;
- damaging your business and employer’s reputation; and
- experiencing strikes or other industrial action.
Key Takeaways
As an employer, you should be ready to receive requests to change employment contracts and know how to respond to these. For example, if the request is for a flexible work arrangement and your employee has a legal right to request such an arrangement, there are rules about how you must respond and consider it. However, when your employee makes other requests, such as for reduced hours, it is good practice to address their proposal and suggest an alternative if you cannot agree.
If you need help understanding how to handle employment contract changes in England, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Your employee may request a change to their employment contract for various reasons, such as to reflect new job duties.
You should do many things to handle employment contract changes, such as discussing the change with your employee. If your employees request flexible working arrangements, you have a legal duty to reasonably consider the request.
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