IMI Employment expert Sally–Anne Hodder
Sally Says
Take the pain out of contract changes
In an industry beset by blisteringly quick technological change, businesses have to be agile to keep pace with the demands of the market and those of increasingly sophisticated customers. Sometimes this will require a business to alter the working hours and shift patterns of their staff. Doing this requires a change to the employee's contract and there are important steps that must be observed by law before this can happen.
I would always advise that employers avoid going down the alternative route of terminating contracts and imposing new ones unless there is absolutely no other solution. It can be an expensive route and it will certainly break down any good will you have built up with your staff in the past.
To change the terms of an existing contract you must get the agreement of the employee. You should do this at formal consultation meetings where the employee has the right to be accompanied, by a trade union representative if they have one or by a work colleague.
Open to change
At the meeting you will need to explain the changes you want to introduce and the reasons why they are needed for the business. My experience is that most people are open to change if they fully understand the challenges the business faces and, of course, if they can still manage personal commitments. Therefore you should also be prepared to listen and fully consider any alternative solutions to the challenges you and they face. Remember to take notes of the meeting, which can be shared with the employee later
Although not always necessary, you may be able reach agreement by trading some benefits with the employee. Extra holidays to be taken during slow business periods can be an inexpensive and popular way of doing this, but there will no doubt be other solutions that will come to mind to suit your business and the employee.
If you have a comment on this or any other employment issue please contact me:
Email: randr@theimi.org.uk
Twitter: #SallySays @the_IMI