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As such, where an employee is asked to relocate to a different region under the terms of a mobility clause requiring them to work anywhere in the UK, they should still be given sufficient notice to facilitate such a significant move. You should also only make these changes on reasonable notice. In particular, these types of contractual provisions should only be used to make reasonable contractual changes having regard to the individual circumstances of each employee.

By mutual or collective agreement, ie where the employee individually agrees to the change, or where an agreement is negotiated between you, as the employer, with a trade union or staff association.Īccordingly, in the absence of any contractual provision giving you the right to change a specific term, in most cases you must obtain the agreement of your employee(s), or the agreement of any trade union or other representative, if you want to vary an employment contract on a lawful basis.įurther, even in cases where the contract of employment incorporates a flexibility or variation clause allowing, for example, changes to be made to an employees shift pattern or their place of work, you will not have an unfettered right to implement these changes in respect of all affected staff.

There is provision within the contract that allows for the change, often referred to as a flexibility or variation clause, or.

Is there a 90 days notice change of contract requirement?Īs an employer, you can make a change or variation to an employment contract in the following circumstances:.Process for changing employment contract terms.When can an employer change a contract?.

Further, even where the employment contract contains some form of flexibility or variation clause, you can only make use of this type of contractual provision where it is reasonable to do so and having provided the employee with sufficient notice.īelow we look at when a change of contract can be made and how this process should be handled, including any risks and common pitfalls involved, as well as the notice requirements necessary prior to any change taking place. Changing an employee’s contract of employment is not something you can usually do without their consent.