• Consider whether changes to the contract need to be negotiated or simply consulted about as good practice.

  • Remember that any agreement to change terms must be communicated to the employee.

  • Avoid breaching the existing contract of employment. Where there is a fundamental breach, the employee might resign and claim constructive dismissal at employment tribunal.

  • Do not impose a change to the contract unilaterally. Unilateral changes to contracts of employment will constitute breach of contract.

  • Determine whether there is express provision in an employee’s contract for the proposed variation or whether implied provision exists for the proposed changes.

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