Acas has recently published guidance discussing employers’ responsibilities when making changes to employment contracts.
What is key?
A key focus is on ‘fire and rehire’ practices. This is where the employer terminates an employment contract and rehires the same individual on different (usually much less advantageous) terms. The guidance discusses in detail the legal and practical risks and pitfalls that employers might run into, and how best to avoid them. In short, employers are encouraged to try to come to agreements and enforcing strict changes is discouraged. Consultation is key.
Take into account the guidance
Whilst Acas guidance is not binding by law, it is likely to be taken into account at tribunal if claims ensue. Since the guidance was requested by the government to address concerns with the rising levels of use of fire and rehire practices in society, it is a useful resource to illustrate base level expectations in this area of law. If you are still planning on making changes to contracts, we recommend that this guidance be followed – if you are still unsure then we will be happy to provide specific advice.
Find out more
Please get in touch with our employment lawyers if you require advice generally or help with making changes to contracts.