Labour Research March 2002

Law Queries

Law Queries

Our employers have said that they want to change our contracts by making us work more hours for the same pay. They say that all that they have to do is give us 90 days' notice of the change. Is this right?

Employers cannot simply give notice that they intend to change employment contracts. What your employers are doing is giving notice to terminate the existing contracts and at the same time offering new contracts but with different terms. By doing this they breach the employment contract and open up the possibility of unfair constructive dismissal claims by employees who do not accept the changes. A contract is a legally binding agreement and, as with any other agreement, cannot be changed unless both sides agree to the change.

* More information: LRD's booklet, Contracts of employment - a legal guide (2001) Price £3.75 deals in detail with contracts and contract changes