Your employer wants to change your hours, pay, or role. Do they need your consent? Know your rights and what to do next. Free guide from
Your employer has told you your hours are changing, your role is being “restructured,” or your terms and conditions are being updated. They may have presented it as a done deal. Here is the reality: your employment contract is a legally binding agreement between you and your employer. Changing it requires the consent of both parties — just like any other contract. One side cannot rewrite the terms alone.
This guide explains when your employer can and cannot change your contract, what “fire and rehire” means, and what steps you can take to protect yourself.
Contents
- What is your employment contract?
- Can your employer change it?
- When changes are allowed
- When changes are not allowed
- “Fire and rehire” explained
- What to do if your employer tries to change your contract
- FAQs
- How National Employees Union can help
What is your employment contract?
Your employment contract covers every agreed term of your employment:
- Pay — salary, hourly rate, bonuses, commission
- Hours — when and how many hours you work
- Location — where you work
- Job role — your duties and responsibilities
- Holiday entitlement — beyond the statutory minimum
- Notice periods — how much notice either side must give
- Benefits — pension, sick pay, company car, health insurance
Not all of these terms are written down. Your contract includes written terms (your offer letter, written statement of particulars, staff handbook), express terms (anything specifically agreed, whether written or verbal), implied terms (things understood from custom and practice — a Christmas bonus paid every year for ten years may become an implied contractual term), and incorporated terms from collective agreements. All of these are legally enforceable.
Can your employer change it?
The general rule is clear: your employer cannot change your contract without your agreement.
This applies to any material change — reducing your pay, changing your hours, moving your workplace, altering your duties, removing benefits, or changing shift patterns. A contract requires two parties to agree. One side cannot rewrite the terms unilaterally.
If your employer makes a change you have not agreed to, that is a breach of contract.
When changes are allowed
There are situations where your employer may have grounds to make changes:
Contractual sick pay is a common target for change, so check what Statutory Sick Pay you are entitled to as the floor beneath it.
1. You agree to the change
The most straightforward route. If your employer proposes a change and you genuinely agree — ideally in writing — the contract is varied by mutual consent. Make sure you understand exactly what you are agreeing to before you sign.
2. There is a flexibility clause in your contract
Some contracts include clauses like “the company reserves the right to make reasonable changes to your duties” or “your normal place of work is [X] but you may be required to work at other locations.” These clauses give your employer some scope, but they must be exercised reasonably and cannot be used to make fundamental changes to your role.
A flexibility clause does not give your employer a blank cheque. A clause allowing “reasonable changes to duties” does not entitle them to completely change your job, halve your pay, or move you 100 miles.
3. The change is required by law
If legislation changes — for example, the National Minimum Wage increases — your employer must update your pay accordingly. These are legal requirements, not contractual variations.
4. Collective agreement
If your terms are governed by a collective agreement negotiated by a recognised trade union, and the union agrees to changes on behalf of its members, those changes may apply. This depends on whether the collective agreement is incorporated into your individual contract.
When changes are not allowed
Your employer cannot simply:
- Reduce your pay because business is slow
- Cut your hours without your agreement (this is also a potential claim for unlawful deduction of wages under Section 13 of the Employment Rights Act 1996)
- Change your shift pattern from days to nights against your will
- Move your workplace to a location significantly further away
- Demote you or change your role fundamentally
- Remove contractual benefits like enhanced sick pay, a company car, or private health insurance
Even if the employer has a business reason, the correct approach is to consult with you (and your union, if applicable), explain the reasons, and seek your agreement. Without agreement, the change cannot be imposed.
A change imposed without agreement can amount to constructive dismissal.
“Fire and rehire” explained
If an employer wants to change your contract and you refuse, some employers resort to “fire and rehire” — dismissing you and offering re-employment on the new, less favourable terms.
This practice has been widely condemned. The Employment Rights Act 2025 will make it automatically unfair to dismiss an employee for refusing certain contract changes, such as cuts to pay, hours or holiday. The only exception is an employer whose financial difficulties threaten the business and who could not reasonably avoid the change. These protections start on 1 January 2027.
What this means for you:
- Until 1 January 2027, a fire and rehire dismissal is judged under the ordinary unfair dismissal rules, which usually need two years’ service
- Your employer must follow the statutory Code of Practice on dismissal and re-engagement. If they do not, a tribunal can increase any award by up to 25%
- From 1 January 2027, wanting to cut costs or improve profitability will not justify dismissing you for refusing a cut to pay, hours or holiday
From 2027, fire and rehire will be a last resort for employers in genuine financial distress, not a negotiating tactic. If your employer threatens it now, seek advice immediately.
What to do if your employer tries to change your contract
Step 1: do not agree to anything immediately
You are under no obligation to sign or accept a change on the spot. Ask for the proposal in writing and take time to consider it.
Step 2: check your contract
Read your current contract. Does it contain a flexibility clause? What are the current terms? Understanding your starting position is essential. The starting position determines everything that follows.
Step 3: ask for the business reasons in writing
Your employer should be able to explain why the change is needed. Ask them to confirm the reasons in writing. If they cannot provide a clear rationale, their position weakens.
Step 4: respond in writing
Whether you agree or disagree, put your position in writing. If you disagree, state clearly that you do not consent, explain why, reference your contractual terms, and ask what alternatives have been considered. Keep the tone professional.
Step 5: work “under protest” if the change is imposed
If your employer imposes the change regardless, you have several options:
- Work under protest — continue working under the new terms but write to your employer stating you are doing so under protest and do not accept the change as a variation of your contract. This preserves your right to challenge it later.
- Raise a formal grievance — see our guide on how to write a grievance letter.
- Resign and claim constructive dismissal — if the breach is serious enough and you have exhausted other options, you may be able to resign and claim constructive unfair dismissal. Take advice before resigning — this is high-risk and should be a last resort.
Step 6: get advice
Speak to a trade union representative, ACAS (0300 123 1100), or a legal adviser. The earlier you take advice, the more options you have.
A separate set of rules protects your existing terms when your job transfers under TUPE.
FAQs
Can my employer reduce my hours and pay because of a downturn?
Not without your agreement. A downturn in business does not entitle your employer to change your contractual terms. Your employer should consult with you and explore alternatives: voluntary reduced hours, redeployment, or temporary layoff (if your contract permits it). Imposing a reduction unilaterally is a breach of contract.
What if I have already been working the new terms for months?
You risk being deemed to have accepted the change through your conduct. The longer you work under new terms without objecting, the harder it becomes to challenge them. This is why written objection matters from the start. If you need to continue working while disputing the change, state in writing that you are doing so “under protest.”
Can my employer change my job title or duties?
Minor adjustments may be allowed if your contract includes a flexibility clause. A fundamental change — being demoted, having core responsibilities removed, or having the nature of your job substantially altered without consent — is likely a breach of contract. It could also amount to constructive dismissal.
What about TUPE transfers?
Under TUPE (Transfer of Undertakings), your existing terms and conditions transfer to the new employer. The new employer cannot change your contract simply because you have been transferred. Changes are only permitted for “economic, technical, or organisational reasons entailing changes in the workforce” — and even then, they must be agreed with affected employees or their representatives.
Is changing my workplace a breach of contract?
It depends on your contract and how significant the move is. If your contract names a specific location and the new one is substantially further away — a different city, for example — it is likely a breach. A mobility clause gives your employer more flexibility, but the clause must be exercised reasonably. A short move across town is different from a relocation two hours away. The test is reasonableness, and your circumstances matter.
How National Employees Union can help
Contract changes rank among the most stressful workplace situations — especially when your employer presents them as non-negotiable. Many employees do not realise they have the right to refuse.
National Employees Union members get:
- Expert review of your contract and the proposed changes
- Advice on your options — including whether the change is lawful and what steps to take
- A trained representative to attend meetings with your employer
- Help with formal grievances if changes are imposed without your consent
- Support with unfair dismissal and constructive dismissal claims if the situation escalates
- Representation in fire and rehire situations
Do not accept changes you have not agreed to. Advice and representation on your own case start three months after you join. If the changes are already on the table and you need help sooner, a £237 surcharge applies.
Join the National Employees Union
Membership from £15/month.
Written by the National Employees Union team. We advise employees on contract disputes and imposed changes across every sector. This guide is reviewed regularly and was last updated in July 2026. For advice on your situation, contact us.
