As soon as you start work there is a contract of employment between you and your employer.  A contract is like a set of promises made between both sides that can be enforced by law.  Anything your employer has told you about the job is part of your contract, even if it is not written down.  Your employer should not change your contract without your agreement. You also have statutory rights which your contract may improve on but should not reduce.  These include: maternity rights, minimum holiday entitlement and breaks from work, the right to trade union membership, and a minimum wage covering most workers.

Keep anything in writing you may have about your job, including the job advert, pay slips, and any letters from your employer.  These are evidence of what you have agreed with your employer.  It is best if you are given a written contract with details about your job.  If your employer only tells you these things it may be difficult to prove what was said if there is a disagreement later.

Certain terms of employment are implied as being part of your contract even if they are not in writing.  So for example, your employer has a duty to safeguard your personal safety at work.  ‘Custom and practice’ can also provide evidence of unwritten terms in your contract.  For example, if an annual bonus has always been paid it is likely to be an implied term of your contract.

Some employers do not give their employees anything in writing, but they are breaking the law.  All workers have a right to a ‘written statement of their main terms and conditions of employment’. This is not exactly the same as a contract, because your contract could include additional items, for example rights to compassionate leave or job related expenses, but it should cover the main parts of your contract and is important evidence of the contract between you and your employer.  This written statement must be given to an employee within two months of starting work.

What should be written down?

You must be given one document which has all the following written down:

¨       the name of the employer and worker

¨       the date the employment began

¨       if your job is not permanent, when it is expected to end; and if it is for a fixed term, how long it will continue

¨       whether any employment with a previous employer counts as part of this employment

¨       the job title, or brief job description

¨       rate of pay, how it is worked out, and how often it will be paid

¨       hours of work (including normal working hours)

¨       holiday entitlement and holiday pay

¨       the place of work

¨       the existence of any relevant collective agreements (e.g. a union agreement)

You should also be given written particulars of the following, but they can be on separate documents which may not be given to you but which you should be able to see:

¨       terms relating to sickness

¨       pension arrangements

¨       notice periods (your main statement should either include notice, or refer you to the legal minimum notice or a relevant collective agreement which you can see, e.g. a union agreement)

¨       disciplinary and grievance procedures.

If you are entitled to written particulars your employer must give these or s/he will be breaking the law.  New employees should get written particulars within 2 months.  Existing employees who do not have written particulars must be given them on request. If your employer tries to sack you for asking for this right you can complain of unfair dismissal, even if you have only just started work for that employer.

If you do not have a written statement

You should ask your employer to give you one. We have a factsheet about written statements for employers, and you could show this to them if that would be helpful. If you would rather not ask your employer, or if you have asked and been refused, then you could write a letter like the one below.  You need to keep a copy of the letter you send.

 

Put your address here

Put the date here

 

Put the name and address of your employer here

 

Dear (name of employer),

 

I understand that the law says that within two months of starting work I should be given a written statement of my main terms and conditions of employment. I have not yet received this, and I would be grateful if you could let me have one as soon as possible.

 

Yours sincerely,

 

Sign your name

 

Put your name in capital letters

(Remember to keep a copy of your letter)

If your employer still refuses to give you a written statement you may go to an Employment Tribunal.  The Tribunal can order that you are given a written statement, and decide what it should contain by taking account of what your boss told you about your job, and what rights other employees at your work have.

Changing your terms and conditions of employment

An employer has a duty under the law not to change your terms and conditions without agreeing the changes with you or your representative (e.g. a union).  If your employer changes your terms and conditions without your agreement s/he may be in breach of contract.  This is true whether you have a written statement or not.

Transfer of undertakings (TUPE)

When a new employer takes over a business the terms and conditions of the existing employees are protected by law. Put simply, nothing must change, however the law allows for changes that an employer could prove were necessary for economic, technical or organisational reasons. The law is complicated here and you should take advice.

If you agree the changes in your terms and conditions

If you have agreed changes in your terms and conditions your employer must give you written details of the changes.  These should be given to you as soon as possible but no later than one month after the changes have been introduced.  If you have agreed changes, you must make sure this happens.  If you agree an increase in your normal hours for example but your contract doesn't get amended, your employer could continue to pay your holiday pay at your earlier weekly rate.

If you do not agree the changes

If your employer wants to change your terms and conditions you may be asked to sign something saying that you agree with the changes.  If you do not agree you should not sign to say you do.  You may sign to say you have received the information but make it clear you do not accept the changes.

Your employer may expect you to work to changed terms and conditions even if you have not agreed them.  It may be difficult not to do so, for example if your employer changes the kind of work you are given, or your meal breaks.  In this case you may find it easier to fit in with the changes for the time being, but you must tell your employer that you do not agree.  It is best to do this in writing.  If you do not do this then your employer can argue that you have accepted the changes.

Reasonableness

Employment Tribunals consider if the employer’s reasons were ‘reasonable’ and if the change that you refused to accept was also reasonable in the circumstances.  They also consider whether it was a ‘fundamental’ change in your terms and conditions or something minor.  You would have to convince the Tribunal that your employer was making a big change in your terms and conditions, not something small. If the changes are seen to be ‘reasonable’ ones then you have less chance of arguing that you should not accept them.

There are a number of different things to consider if you do not agree the changes.  You would need to think carefully which of these best describes your situation.

Illegal deductions from pay

If your pay has been cut, you should first send your employer a grievance letter; see our factsheet on Grievances for guidance about doing this. If your employer does not resolve your complaint you can then complain to the Tribunal that your employer had made an illegal deduction from your wages.

Breach of contract

You could work the changes under protest and then claim ‘breach of contract’ in the County Court.  If you won your case you could be awarded any money which you lost because your employer changed your conditions by, for example, cutting your hours, reducing your holiday entitlement, etc.

Constructive Dismissal

If the change to your contract is a “fundamental” change, and if you have worked for your employer for more than 12 months, you could consider resigning your job and claiming constructive unfair dismissal at an Employment Tribunal.  This means that you would be arguing that your employer had been so unreasonable that you could no longer work there.  You would have to prove that it was a “fundamental” breach of contract, and you must take legal advice before considering doing this. You should first of all send your employer a grievance letter. See our factsheet on Grievances for guidance about this.

Unfair dismissal

If your employer sacks you for claiming various statutory employment rights, even if you have only just started work, you could claim unfair dismissal at Employment Tribunal. Claiming that your employer had made illegal deductions from your pay falls into this category.  This may, therefore, be the best course of action if your employer changes your contract in a way which cuts your pay.

Victimisation

Employers must not victimise workers who have challenged them about their right to make changes to terms and conditions. If this happens then you should first of all send your employer a grievance letter about it; see our factsheet on Grievances for information about how to do this.

If you need more information about pay and employment rights, contact

Greater Manchester Pay and Employment Rights Advice Service

(  0161 839 3888 phone and answer machine)

4^th Floor, Swan Buildings, 20 Swan Street, Manchester, M4 5JW

We provide telephone advice only and cannot see people face to face

Or visit our website: www.gmemploymentrights.org.uk

Trade Unions

Trade unions help workers to get better pay and working conditions.

For further information contact us or:

North West TUC, Suite 506-510, The Cotton Exchange, Old Hall Street, Liverpool, L3 9UD

Tel: 0151 236 5432

Greater Manchester Pay and Employment Rights Advice Service is an independent research and information body funded by all local authorities in Greater Manchester under the AGMA grants scheme:

August 2010