Adverse changes in existing terms of employment

Adverse (to the employee) changes in existing terms of employment are usually made in one of three ways:-

1. by agreement with the employee(s), possibly with a cash “sweetener”;
2. by unilateral variation of contract terms (or of works rules applied by the contracts); or
3. by giving required notice to terminate existing contracts and offering new contracts on new terms

Choices open to an employee are:-

• go along with the employer’s proposals;
• reject them and quit, perhaps claiming constructive dismissal , or
• reject them but continue to work on a without prejudice basis (ie “under protest”) on the new terms, reserving all rights, negotiating if possible and ultimately bringing court or Tribunal proceedings if agreement cannot be reached.

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