workers contracts

Emma Bell
Member - 7 posts

Allan,

Thank you for your query.

Provided that the employer and employees and are in agreement over the essential terms of the contract, such as hours and wages, the existing contract of employment is valid and enforceable by either party. Albeit that both parties are operating in an unclear framework in the absence of a written job description. However, in terms of Section 1 of the Employment Rights Act 1996 an employer is under a duty to give his employees particulars in writing of certain important terms of their contract not later than two months after the beginning of the employee?s employment. This includes the title of the job that the employee is employed to do or a brief description of the work for which the employee is employed. The job description may be implied by custom, but this will not be implied lightly. The custom must be reasonable, notorious and certain.

The issue is whether the written job descriptions merely reflect the implied job descriptions or whether you intend to change the employee?s implied job description (i.e. by adding more duties)

Care must be taken as no change in an employee?s contractual terms may be made without the consent of the employee. Such consent may be expressed by the employee agreeing to the change orally, or preferably in writing. Alternatively, it may be implied by the employee continuing to work for the employer without protest for a significant period of time whilst being aware of the change. The correct avenue to take is to consult with the employees first on the proposed change to their existing contracts by this inclusion of a job description. If you can secure their agreement to this, then this will bar any claim future claim for breach of contract.

Any change in contractual terms to which an employee does not consent is, on the face of it, a breach of contract. If the change is a significant one, the employee may be entitled to resign and claim that the change is a material breach of contract which would entitle him to present a claim to an employment tribunal for constructive unfair dismissal. In other words, such a claim would be based upon the employee alleging that, because of the change to his or her contract of employment, he or she had no alternative but to resign and claim unfair dismissal.

If any changes are made to an employee?s contractual terms, a written statement must be given to the employee at the earliest opportunity and, in any event, not later than one month after the change is made.