Can My Employer Change My Job Role Without My Consent?
Can my employer change my job role without my consent
Can my employer force me to change roles? A legal agreement between an employee and their employer is known as an employment contract. Regarding modifications to any of the contract’s provisions, there are procedures in place. Here, we outline the procedure for altering an employee’s contract without the latter’s consent.
Contractual right to change the terms of employment
There are some terms that, if included in the contract, would permit the employer to modify it without the employee’s approval. The following clauses:
clauses of variations;
flexible language; and
There may be clauses in the contract known as variation clauses that permit the employer to alter a specific term or condition without the employee’s approval. Without the employee’s express consent, the clause grants a contractual right to make “reasonable” adjustments to the conditions of work. This is meant to cover unimportant or administrative issues that don’t significantly change the employee’s employment conditions. This section would be strictly interpreted by the courts and does not grant the employer broad authority to alter the contract in any significant way.
When a change is made by the employer without the employee’s approval and there is no section in the contract allowing for variations, there may have been a contract violation.
Employers are permitted to alter job responsibilities without the employee’s permission under flexibility provisions. These kinds of statements, which go something like “together with the major activities you will also be expected to carry out any extra duties reasonably demanded of you,” are typically seen in job descriptions.
When a flexibility clause is present, an employer may modify an employee’s job responsibilities, but only when doing so is reasonable.
If an employee’s contract contains a mobility clause, the employer may change the place where the employee is expected to work. Employers will be able to demand that staff members move to a new office thanks to the clause.
Changes not authorised by the contract
There are three ways the employer can modify the employment contract if the intended modification is not permitted by the contract itself:
requesting the employee’s written consent to the modified terms (either on an individual basis or through a collective agreement which is binding on the employees concerned). Any agreed-upon modification to a contract must be backed by consideration, according to contract law. Therefore, in order to justify a change to an employee’s contract, an employer must show that the employee has received some sort of advantage. This will be taken into account if the change contains components that are advantageous to the employee.
When a move is entirely detrimental to the employee, it could be more difficult to prove consideration.
Imposing the change unilaterally: The employer could depend on the employee’s behavior to prove implied consent to the change. The employee should make it apparent that they are working under protest and that they do not accept the new terms if they do not want to accept the change but continue to work under the terms of the varied contract. If not, it may be assumed that the employee has implicitly approved the modification. The employee may leave and file a claim for constructive dismissal if the contract has been fundamentally broken, reaching right to its core.
In addition, and if practical, the employee may decline to accept the new conditions, such as in the case of changes to job responsibilities or working hours.
announcing the employee’s termination and a fresh offer of employment with the revised conditions.
Contact the employment team at 02380 717717 or firstname.lastname@example.org if you have any questions about your employment contract.
This is provided solely for informational reasons and is not intended to be legal advice. Since all information was accurate when it was published, we cannot be held liable for any modifications that would render this article incorrect.
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