1. Understand the Proposed Changes
- Review the proposed changes carefully: Ensure you fully understand what the employer wants to change. This could involve salary, working hours, job role, location, or benefits. Ask for clarification if anything is unclear.
- Request the changes in writing: It’s essential to have a clear, written document outlining the proposed changes, so there’s no misunderstanding about what is being suggested.
2. Assess the Impact
- Consider the effects: Evaluate how the changes will impact you personally and professionally. For example, will it result in reduced pay, longer hours, or more responsibilities?
- Consult your employment contract: Compare the proposed changes to the original terms in your contract. Employers generally cannot unilaterally change key contractual terms without your consent.
3. Check for Consultation Rights
- Right to consultation: In many jurisdictions, your employer must consult with you before making significant changes to your terms and conditions of employment. They should explain the reasons for the change and allow you to provide feedback or raise concerns.
- Collective agreements: If you are part of a union or work under a collective bargaining agreement, any changes might need to be negotiated with your union representatives.
4. Consent and Agreement
- Your consent is required: Changes to your employment terms usually require your agreement. If you don’t agree to the changes, you can refuse them. However, this can create tension, so it’s advisable to engage in constructive discussions.
- Negotiate: If the proposed changes are not favourable, you can negotiate with your employer. Suggest alternatives that work better for you but still meet the company’s needs.
5. Constructive Dismissal
- Risks of refusal: If you refuse to accept the changes, your employer may try to enforce them anyway. This could potentially lead to a claim for constructive dismissal if the changes significantly alter your terms and make continued employment untenable. In such cases, you may be entitled to resign and claim unfair dismissal.
- Document everything: Keep a detailed record of all conversations, written communications, and meetings related to the changes. This documentation can be valuable if the situation escalates into a formal dispute.
6. Seek Legal Advice
- Consult an employment solicitor: If the changes are substantial, or you feel pressured to accept unfavourable terms, you should seek advice from an employment solicitor. They can advise on your legal rights and help you negotiate with your employer.
- Know your rights: Familiarise yourself with your rights under UK employment law. In some cases, statutory protections may prevent employers from making certain changes without due process or consultation.
7. Consider Alternatives
- Compromise solutions: If you’re open to changes but find some elements unacceptable, suggest compromises, such as a phased transition to new terms or additional benefits to compensate for any losses.
- Prepare for potential outcomes: Consider what you will do if an agreement cannot be reached, including the possibility of seeking employment elsewhere or filing a formal complaint.
Conclusion
In summary, carefully review and understand the proposed changes, consult with your employer to express any concerns, and seek legal advice if necessary. Employment terms and conditions are typically agreed upon by both parties, and significant changes should be handled through mutual negotiation and, where applicable, consultation. Protect your rights by staying informed and assertive throughout the process.
