How To Change An Existing Employment Contract

If you want to change an employee’s terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal. You must tell the employee in writing about any changes no later than one month after you have made the change. Do changes have to be in writing? Agreed changes don’t necessarily have to be in writing. However if they alter the terms in your ‘written statement of employment particulars’,

your employer must give you another written statement showing what has changed within a month of the change. Employee Enforcement of the Right Employees have certain rights. These rights are enforceable by law: The right of fair treatment regardless of age, race, religion, gender, disabilities, or sexual preferences The right to equal treatment, also with regard to wages The right no be dismissed without proper cause and the correct procedures The right not to get fired for giving birth to a child Employees also have the right to a proper written notice time for termination of their work agreement in relation to the period employed Employees have the right for compensation when they are retrenched Safe workplace Terminating the Employment ContractBoth employer and employee can terminate the employment contract according to the terms contained within it. Either side can make a complaint against the other.

Breach-of-Contract Claims Both employers and employees can be in breach of a contract of employment. A breach of contract happens when either employee or your employer breaks one of the terms. If an employee continues to work under these changes without objecting, they may be regarded as having accepted the changes. Not all the terms of a contract are written down. A breach may be of a verbally agreed term, a written term, or an ‘implied’ term of a contract. Employer would normally use a county court for a breach of contract claim. The only way an employer would be able to make an application to an Employment Tribunal is in response to a breach of contract claim that an employee has made. The most common breaches of contract by an employee are when they quit without giving (or working) proper notice, or when they go to work for a competitor when their contract doesn’t allow it. Our Employment Law DocumentsAvailable documents include employment contract templates, as well as a director contract template and a range of employment policies. Our documents are designed for use in England and Wales. Our Contract of Employment Template is easy to customize to your business’ requirements.

They provide comprehensive legal protection, whilst avoiding excessive legal jargon. They have been designed with ease-of-use in mind. To this end, they include guidance notes. They are excellent value and available for immediate download. All the templates have been drafted by a team of Solicitors and Barristers who are expert in the field of employment.

If you want to change an employee’s terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal. You must tell the employee in writing about any changes no later than one month after you have made the change. Do changes have to be in writing? Agreed changes don’t necessarily have to be in writing. However if they alter the terms in your ‘written statement of employment particulars’,

your employer must give you another written statement showing what has changed within a month of the change. Employee Enforcement of the Right Employees have certain rights. These rights are enforceable by law: The right of fair treatment regardless of age, race, religion, gender, disabilities, or sexual preferences The right to equal treatment, also with regard to wages The right no be dismissed without proper cause and the correct procedures The right not to get fired for giving birth to a child Employees also have the right to a proper written notice time for termination of their work agreement in relation to the period employed Employees have the right for compensation when they are retrenched Safe workplace Terminating the Employment ContractBoth employer and employee can terminate the employment contract according to the terms contained within it. Either side can make a complaint against the other.

Breach-of-Contract Claims Both employers and employees can be in breach of a contract of employment. A breach of contract happens when either employee or your employer breaks one of the terms. If an employee continues to work under these changes without objecting, they may be regarded as having accepted the changes. Not all the terms of a contract are written down. A breach may be of a verbally agreed term, a written term, or an ‘implied’ term of a contract. Employer would normally use a county court for a breach of contract claim. The only way an employer would be able to make an application to an Employment Tribunal is in response to a breach of contract claim that an employee has made. The most common breaches of contract by an employee are when they quit without giving (or working) proper notice, or when they go to work for a competitor when their contract doesn’t allow it. Our Employment Law DocumentsAvailable documents include employment contract templates, as well as a director contract template and a range of employment policies. Our documents are designed for use in England and Wales. Our Contract of Employment Template is easy to customize to your business’ requirements.

They provide comprehensive legal protection, whilst avoiding excessive legal jargon. They have been designed with ease-of-use in mind. To this end, they include guidance notes. They are excellent value and available for immediate download. All the templates have been drafted by a team of Solicitors and Barristers who are expert in the field of employment.

How does the common law develop

England and Wales utilise a common-law system, which differs from the civil systems used in most of the rest of Europe. Common law is not based on Acts of Parliament, but on previous decisions by the courts. One principle of common law requires that the courts apply a previous decision made by a court on the same level or higher. Other characteristics of a common-law system include a trial by jury in the criminal courts and for defamation and a system of supremacy of law, by which every citizen is bound.

The development of common law has occurred because of custom and usage, and many principles have developed over time in accordance with what was thought at the time; as opinions and practices change, so does the law. While we now have Acts of Parliament which must be followed by the judiciary, there are still principles made by common law which are enacted by Parliament. This has meant that statutory law has now become more important than case law, although it is case law that provided and developed many points of law enacted by Parliament. When the judiciary is deciding a case in which statute is relevant, they will also need to decide the case in light of common law. Much common law has not been enacted into statute and many of the principles of contract law, for example, are still entrenched in previously decided cases.

Common law develops when a court makes a decision on a case. If a case has been previously decided by a higher court, the lower court has no option but to decide in accordance with it and allow an appeal if necessary. The Court of Appeal and the House of Lords (rather, the new Supreme Court) are the courts which have made most of the decisions that bind lower courts and in order to change the law a new decision must be made by a higher court, or in case of the Supreme Court, itself. Development of common law has taken place over hundreds of years and has occurred differently in different common-law jurisdictions, meaning that although common-law jurisdictions have the same basis for law, the law has developed so as to result in us now having different laws.