Variation of Contract

Employers may want to change various parts of an employee’s contract to reflect either their performance, or any new situation that the company finds itself in. However to do so without agreement on both sides, is deemed unfair, if not illegal.

• The employer may find that new laws now disadvantage them; the company may be in trouble or about to be taken over. Actions by the employee that affect the company may result in sanctions or attempts by the company to have more control over the situation, by making a variation of contract.
• If any changes made have bearings on a legal position, then the employee must be informed in writing within a month.
• If a fundamental change is made, such as a substantial drop in wages for no apparent reason, then the employee is entitled to leave and make a claim or stay and make their position known with regards to a possible tribunal. They cannot be punished for making a stand on the issue.
• If the company wants to change the contract and the employee complains, the employers may attempt to terminate the contract, but normal procedures have to be followed and all constitutional obligations honoured.
• If the Employee remains in work and does not complain about any changes made, then they are deemed to have accepted the new conditions.

If you have any worries about variation of contract then consult our team of solicitors who will be able to help you.

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