Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Thursday, 3 December 2009


Varying an employment contract

The employer must provide full an complete information as part of a proper consultation process. This would usually included reasons why the employer is contemplating the work changes proposed; the manner in which the changes will help the employer to meet its aims (e.g. avoid redundancies) who will be affected and for how long, and the steps in the consultation process.

If, following consultation, no agreement can be reached, then the employer can simply try to force the changes through.

This will be done by the employer giving the employees their proper notice periods, and simultaneously offering them the new, varied, contracts of employment to take effect from the date on which the old contracts end.

If the employees accept the change, then the variations are made and the employees continue under the new terms. If they do not accept, then their employment will end at the date of the notice period, and the employees will then have to decide whether to bring claims for unfair dismissal.

If so, the employer may well be able to rely on the “some other substantial reason” defence when justifying the dismissals. Provided the employer had a good reason for proposing the changes, and consulted properly about it, those dismissals are likely to fall foul of the unfair dismissal rules.

For help and advice please contact Selwan Yousif at Kaslers Solicitors LLP on 0207 7121751

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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).