Terms and conditions: Vary an employee's terms and conditions
When to use this terms and conditions flowchart
Use this terms and conditions flowchart to vary the contractual terms and conditions of one or more of your employees in accordance with good practice and the obligation to consult over the proposed change.
While an employer can implement a variation to employees' contractual terms by agreement either with the employees individually or through collective bargaining with a trade union where appropriate, this flowchart covers only the former scenario.
The flowchart can be used either where the employee's contract of employment contains a clause that authorises the proposed variation or where there is no such clause. Following a fair procedure will help employers avoid claims for breach of contract, unfair dismissal, protective awards and/or unlawful deductions from wages.
Key steps
- Is there a clause in each affected employee's contract authorising the variation?
- Is collective consultation necessary?
- Consult with employees with variation clauses
- Consult with employees
- Confirm dismissal and offer of re-engagement in writing to employees who have not agreed: no further steps
