The Code of Practice on dismissal and re-engagement on GOV.UK only applies to those with the legal status of employee.
Someone is not likely to be an employee if they're:
- an agency worker
- a casual worker
- on a zero-hours contract
However, to keep good working relationships, employers should follow the same fair procedure for anyone with the legal status of worker.
When you're proposing employment contract changes, you should inform and consult with all affected workers and their representatives.
You should inform them about:
- what the proposed changes are
- who might be affected
- why the changes may be needed
- the timeframe for the proposed changes
- any other options that have been considered
If you exclude or overlook someone
There might be a risk of discrimination if you exclude or accidentally overlook, for example:
- anyone who needs information communicated in a certain way, for example because of a disability or if English is not their first language
- anyone who is absent, for example off sick
Find out more about discrimination and the law
Handling a request
In some circumstances, workers might ask their employer for changes to their employment contract.
You should consult with the worker and their representatives to:
- listen to their reasons why a change may be needed
- understand the details of the proposed change
- carefully consider how you might be able to accommodate the request, including the potential benefits for you and the worker
It's a good idea to put all contract changes in writing, for example in a letter or email. This helps to make sure everyone is clear about what has been agreed. This reduces the chances of misunderstandings or disagreements.
You can choose to update a worker's written statement of employment particulars but you do not have to.