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Terms and Conditions of Employment

This is a complex area and is it strongly recommended that you seek legal advice specific to your circumstances and your business sector.

Employers are able to change the terms and conditions of employment for their employees to meet business needs. However, there are procedures to follow to ensure that changes are in response to sound business reasons and that employees are consulted to avoid potential claims for constructive unfair dismissal.

Before terms and conditions of employment are changed, consultation has to take place with employees and, where appropriate, trade unions. Lawson-West can help advise on following consultation procedures, who should be included and the period of notice required. If an insufficient period of notice is used, the employer could be liable to claims for constructive unfair dismissal. Consultation is an important factor in judging the reasonableness of the change in employees' terms and conditions and will also assist in the defence of any potential employment tribunal claims.

Where an employer imposes a change in terms and conditions of employment, an employee is entitled to resign and claim constructive unfair dismissal on the basis that the employer has acted unreasonably in introducing the changes in terms and conditions. Such claims can be successfully defended if:

  • the employer has established a sound business reason for the change in terms and conditions.
  • the reason for the dismissal was proved.
  • the employer is able to submit evidence of the business reason.
  • the changes in terms and conditions are reasonable.
  • the employer has followed a fair and reasonable procedure.

If you are considering changing terms and conditions of your employees, please contact Ashley Hunt, Carrie-Ann Randall or Vaishali Thakerar on 0116 212 1000 or complete the form on the right for a free initial consultation and advice on procedures and required notice periods.