An employer can make a change ('variation') to an employment contract if:
- there's something in the contract that allows the change (usually called a 'flexibility clause')
- the employee agrees to the change
- the employee's representatives agree to the change (for example, a trade union)
An employer can force a new contract on employees, although this should be a last resort and could lead to legal action.
1. If there has been a TUPE transfer
There are additional considerations when changing an employment contract after a TUPE transfer. TUPE stands for Transfer of Undertakings (Protection of Employment).
Acas support for employers
An Acas adviser can talk you through:
- whether you can make a change ('variation') to an employment contract
- the steps in the process and a flowchart with links to further resources
- what's a legal requirement and what's good practice
- what support is available for your staff
To arrange an appointment, you can:
- send an enquiry form
- call: 0300 123 1150, Monday to Friday, 9am to 5pm