From time to time the employer may find it necessary to seek changes to the terms and conditions of employment. In general, unless there a provision within the contract, the contractual variation may not be done without the consent of the employee.

If there is no provision (ie an express or implied term in the contract or collective agreement), then the employer may be forced to serve notice of termination on the “old” contract of employment and offer a new one. If the employer is to follow this option, they must have a sound business reason for doing so otherwise there is a high risk of a claim of unfair dismissal.

This topic explains the principles of contract variation, when a contract can be altered and how the employee can respond to any changes that are imposed upon them.

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