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Employment Contracts & Contract Changes – Your Rights, What Employers Can and Cannot Do, and How to Protect Yourself

Your employment contract is the foundation of your working relationship. Employers cannot simply change your contract whenever they want — they must follow a fair, lawful, and consultative process.

What Is an Employment Contract?

An employment contract is a legally binding agreement between you and your employer. It can be:

  • Written
  • Verbal
  • Implied (based on custom and practice)

Even if you never received a written contract, you still have legal rights.

What Must Be Included in a Written Statement of Employment Particulars

By law, you must receive a written statement on or before your first day, including:

  • Job title
  • Pay and pay intervals
  • Hours of work
  • Holiday entitlement
  • Sick pay
  • Notice periods
  • Place of work
  • Benefits
  • Disciplinary and grievance procedures

Failure to provide this may entitle you to compensation.

What Counts as a Contract Change?

A contract change is any alteration to your:

  • Pay
  • Hours
  • Job role or duties
  • Location
  • Benefits
  • Working patterns
  • Terms and conditions
  • Shift patterns
  • Bonus structure
  • Holiday entitlement

Even small changes may require consultation and agreement.

Can Employers Change Your Contract?

Yes — but only if they follow a fair and lawful process. Employers must:

  • Consult with you
  • Explain the business reasons
  • Consider alternatives
  • Seek your agreement
  • Avoid imposing changes unreasonably

They cannot simply force changes without discussion.

When Contract Changes Are Unlawful

A contract change may be unlawful if your employer:

  • Imposes changes without consultation
  • Reduces your pay without agreement
  • Cuts your hours unfairly
  • Changes your role significantly without consent
  • Targets you for discriminatory reasons
  • Punishes you for raising concerns
  • Uses "fire and rehire" without proper process

These may amount to:

  • Breach of contract
  • Constructive dismissal
  • Discrimination
  • Unfair dismissal

Fire and Rehire – What You Need to Know

"Fire and rehire" is when an employer ends your current contract and offers you a new one with worse terms. This practice is legal but heavily regulated. Employers must:

  • Consult meaningfully
  • Explore alternatives
  • Avoid using threats
  • Follow fair dismissal procedures
  • Consider collective consultation (20+ employees)

If they don't, the dismissal may be unfair.

When You Can Refuse Contract Changes

You can refuse changes if they are:

  • Unreasonable
  • Unfair
  • Discriminatory
  • Imposed without consultation
  • A breach of contract
  • Damaging to your pay or conditions
  • Not genuinely necessary for the business

Your employer must then decide whether to:

  • Withdraw the change
  • Negotiate
  • Attempt "fire and rehire" (risky for them)
  • Start a formal process

How to Protect Yourself During Contract Changes

  • Ask for all proposals in writing
  • Request the business rationale
  • Keep notes of all meetings
  • Ask questions and challenge unclear points
  • Suggest alternatives
  • Seek advice before agreeing
  • Raise a grievance if the process is unfair
  • Document any pressure or threats

Common Examples of Unfair Contract Changes

  • Reducing hours without consultation
  • Cutting pay due to "performance" without evidence
  • Changing duties to push someone out
  • Removing benefits without agreement
  • Forcing relocation without reasonable notice
  • Changing shifts that disadvantage parents or carers
  • Penalising disability related needs

Frequently Asked Questions

Not normally — consultation and agreement are required.

contracts

Need Support With Contract Changes?

If your employer is trying to change your contract unfairly, you don't have to accept it. With the right support, you can protect your rights, your income, and your working conditions.

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