Changing an Employee's Contract

Last updated: Sat, Oct 1st, 2016 10:36:01 am

Changing an employee’s contract

Unless an employee’s contract of employment specifically allows for changes to be made to the employment contract an employer cannot make changes to the contract unilaterally.  Generally, an employee must give his/her consent to any variation in the terms and conditions of his/her employment.

There is a common misperception that, where there is no written contract of employment, no contract of employment is in existence.  Although it is best practice – and a legal requirement – for employers to ensure that all employees have a written statement of the terms and conditions of their employment, Boards of Management are advised to exercise caution in issuing written contracts to existing employees with no existing written contracts.  The existing terms and conditions of employment of the employee cannot simply be overridden by the new terms and conditions of a written contract.

Where a Board of Management seeks to make any changes to an employment contract, it is advisable that a representative of the Board of Management first meet with the employee to try to reach agreement with that employee of any proposed changes.  An employer cannot “force” an employee to accept new terms and conditions and will struggle to enforce such changes should the employee refuse to accept them.  There is, however, an expectation that employees will be reasonable as regards requests to accept minor changes.