CONTRACTS AND CHANGING

TERMS OF EMPLOYMENT

If your employer has changed the terms of your employment contract without your approval or has failed to provide a contract of employment at all, you may have cause to feel “my employer has treated me unfairly.”

If so, our employment contract solicitors for employees can help.

CONTRACTS IN GENERAL

Has your employer failed to provide a written statement of terms or a contract of employment? Do you have an employment contract but have doubts about the contractual obligations contained in it? Has your employer tried to change your terms of your employment contract or introduce new policies that you feel have a negative impact on you?

If so, your employer may be in breach of UK employment law.

There are numerous issues that may have to be considered when entering into an employment contract, whether that is prior to commencing employment or your employer introducing changes during your employment.

Our employment contract lawyers for employees have seen it all, and in our experience there are a number of clauses that an employee should be aware of, raise, or take advice on. They include:

  • Restrictive covenants
  • Length of notice
  • Payment in lieu of notice
  • Liquidation damages clause
  • Change of control clause
  • Mobility clause
  • Holiday
  • Job title and duties
  • Hours of work and overtime
  • Remuneration and benefits

EMPLOYMENT CONTRACTS FOR DIRECTORS

If you are set to be a director of the employing company (or any company within its corporate group), there are additional issues consider – for which it would be wise to seek advice from an employment law consultant for employees. After all, it’s much more difficult to negotiate a change once employment has commenced.

Clauses relating to share schemes, pension, bonuses, restrictive covenants, outside interests, incapacity, intellectual property and obligations on termination can be particularly significant in addition to the above, and may require specialised employment law consultants who will protect your interests.

CHANGING TERMS OF EMPLOYMENT

As an employee, your terms of employment are bound to change in a number of ways during the course of your employment. For example, annual pay increases and promotion of employees are likely to constitute changes to contracts of employment. However, these types of changes will normally happen by mutual consent between you and your employer, and are unlikely to cause any legal or practical problems for either party.

Occasionally, however, both employers and employees may wish to make changes to the contract of employment that the other party is less happy to accept. That’s where an employment contract lawyer for employees can help.

Such changes can be made for many reasons, but generally fall into two broad categories:

1. DISCRETE CHANGES

Discrete and very specific changes to the terms of an employment contract such as changes to pay rates, bonus and commission structures, restrictive covenants, job content and the place where an employee is required to work. Such changes are usually brought about by changed economic circumstances resulting in a need to reorganise the employer’s business.

2. VARYING TERMS

Varying terms as part of a general programme of harmonisation of terms of employment across the business. Such changes are not necessarily brought about by a specific business need but the fact that there is little or no consistency in an employer’s employment contracts and a desire to move all employees onto standard terms of employment.

Such housekeeping exercises also give employers the chance to ensure that their standard contracts are:

  • Legally compliant.
  • Appropriate to the size and structure of the business.
  • Providing a reasonable level of legal protection for the employer.

In both cases, the employer will probably need to make formal changes to some (if not all) of its contracts of employment. It has three principal options:

  1. To seek agreement to the changes and dismiss those who refuse to agree. The employees who are dismissed may have claims for unfair dismissal and (if the employer does not serve notice) breach of contract.
  2. To terminate the existing contracts of employment and offer re-engagement on the new terms. The employees may have claims for unfair dismissal and (if the employer does not serve notice) breach of contract, but the mere offer of re-engagement may mitigate their loss. In addition, there may be collective consultation obligations.
  3. To impose the changes and leave it to the employees to decide how to respond. This may result in claims of constructive dismissal.

WRONGFUL DISMISSAL

Wrongful dismissal is a dismissal in breach of contract. The fairness of the dismissal does not come into play here, merely whether the dismissal was in accordance with the contract of employment.

If you have been dismissed without notice or payment in lieu of notice and/or not been paid your accrued but untaken holiday pay, you will have a claim for wrongful dismissal. Our employment contract solicitors for employees can help you claim damages for suffering loss as a result of your former employer’s breach.

TIME LIMITS

The time limit for bringing a claim for breach of contract in the:

  • Employment Tribunal is three months less one day from the date of the breach.
  • County Court is 6 years less one day from the date of the breach.
  • A good employment contract lawyer for employees knows these timelines and can advise you on how best to move forward within them.

COULD YOU CLAIM FOR BREACH OF CONTRACT?

Call our employment contract solicitors for employees on 02380 402066 or use our contact page to book a free consultation.

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