employment law. If my employer wants to change my terms of contract, do I need to sign to agree the change?

Question

I am not in agreement to the amendments. I wish to terminate my contract however my employer has changed my notice period which was put in writing but I did not agree to.

Answer 1

Unless there is some language in the original contract that allows him to do so.

However, depending on language in the contract, he may be able to terminate employment if you don't have an agreement.

There's going to be a fine balance between his needs and yours.

Answer 2

In most cases no. A change can be established by practice. In fact very few jobs are exactly as advertised.

There are some things, such as a grievance procedure, that must be in a contract by law and an Employment Tribunal would be most unlikely to accept an informal change. Similarly, with something really obvious, such as holidays, I doubt whether if you did not take your entitlement for a number of years you would be held not to be entitled to the full amount.

It is only prudent, on both sides, that if something is in a written contract any deliberate amendment should be signed for by both sides.

If your job is subject to collective bargaining, you may be bound by what the employee representatives have agreed with management: they do not have to make you sign for every change to the collective agreement.

P.S. I have now seen your additional details. If you were offered a changed notice period in writing, you would have been wise to put it in writing that you disagreed with it. Things depend to some extent how long ago you were offered the changed contract. However, if you have not agreed the change you can simply give notice saying in your letter that you are giving notice under the original contract which is still that in force.

If you are leaving, any effort your employer makes legally to try to keep you is likely to be disproportionately costly in comparison to the benefit, particularly as it appears you would dispute the matter. Conversely, the law is of limited relevance to you because it is not worth your invoking it for a job you are levaing anyway.

There is actually very little an employer can do if an employee leaves without giving proper notice. You might have difficulty in getting a reference and any money due to you when you left. I fear whether you are in the right about your contract may not make much difference to this. Make sure you have another job to go to so that you are not dependent on your current cmployer's goodwill! If your new employer is keen to get you working, (s)he is unlikely to be too bothered if you have left the old one in dispute about the notice period.

Without knowing the details, I strongly suspect you should just hand in a letter of resignation under your current contract and not turn up after it has expired. Some employer or manager desperate to get a project completed may bluster, but they won't do anything. It may be a bit unpleasant while you are working notice, but once you have left your ex-boss will be out of your life.

Good luck for your future career.

Answer 3

If there is no variation term, mobility clause or flexibility clause in your contract, your employer is not allowed to make a change to your contract unless you agree to it. As you do not agree to the change you must make this clear to your employer, otherwise this will be taken to mean that you have accepted it. You must tell your employer that you object to the change, and give your reasons. You should do this in writing, sign and date your letter, and keep a copy. This letter will count as a written grievance, if you need to take the matter further. You should do this straight away, or as soon as possible after the change has been introduced. You can continue to work 'under protest' for a while but you cannot do this indefinitely without taking some form of further action. This may mean taking legal action, or, in some extreme situations, resigning from your job and claiming unfair dismissal.

Answer 4

Changes to your contract of employment
Your employer cannot normally change the terms of your contract without your agreement. To do so, is a breach of contract. However, if you don’t agree to the changes, your employer might decide to dismiss you. Depending on the circumstances, the dismissal may be ‘unfair’ and / or ‘wrongful’. If the changes have exceptionally serious effect on you, you may be able to resign and seek compensation for ‘constructive dismissal’. ALSO, visit the 2nd website; this will give you lots more info on changing contracts, and both websites have further links to other sites, eg., ACAS.

Answer 5

you do not have to agree to the change in contract, but the employer could also terminate your employment for not adhering/agreeing to their contract. They could opt to not renew your contract. Did your 'current' contract expire? If the change they want to make is still within the original term/length of your contract, you might be able to dispute any changes.

READ all the FINE print of your current contract (if it actually is still current). There may be clauses/provisions to any changes.

Answer 6

You don't have to agree to alter an existing contract. If you do agree to the change, why wouldn't you sign? If you verbally agree to the change (without signing) and continue to work under the new terms, you have probably agreed to the change.

Answer 7

depends, did you sign a contract after 30 days, if not then your terms and conditions stay the same until you do decide to sign, but unless your employer wants to reduce the renumeration i would be wary

Answer 8

I think that if you remain in employment that means that you accept and agree to the changes

Answer 9

Read your contract and determine what the rules are for changing the document.

Answer 10

You always have the quitting option in employment when you can't change the boss, make sure to do it right.