My employer wants to change my hours, location or other terms of my contract – what are my rights?

Sometimes your employer may want to make changes to your employment contract, such as changes to your working hours or location that you may not be happy with. This could be because they don’t seem fair or are unfavourable to you – for instance, your employer may be reducing or changing your hours or changing your place of work or reducing your pay. 

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In this article, we explain your rights and options available to you when your employer tries to change your terms of employment.  

We cover issues arising when your employer makes changes the terms of your contract without your agreement (sometimes called ‘imposed changes’). We also cover ‘dismissal and re-engagement or ‘fire and rehire’ tactics which is when your employer gives notice to terminate your existing employment contract and makes an offer of employment on new terms, which may be less favourable to you. 

As this is a complicated area of the law, we recommend that you seek legal advice on your options if you find yourself in this situation. 

Template letters

There are two template letter mentioned and linked to further down this page which you might find useful.

How employers may try to make changes to your contract

There are four main ways an employer can try to make changes to your contract without your agreement:

• Your employer imposes new terms on you without your agreement or consent (sometimes called ‘imposed change’) e.g. tells you your days or hours have changed from your agreed pattern; 
• Your employer gives you written notice of the changes under a “variation clause” in your contract; 
• Your employer seeks to agree changes but threatens to dismiss employees who don’t agree; or 
• Your employer terminates your existing contract and offers you re-employment under a new contract on the changed terms (sometimes called ‘new for old’, ‘dismissal and reengagement’ or ‘fire and re-hire’). 

Your rights if your employer changes your contract

Usually your employer needs your agreement to change your contract. 

Some changes may be difficult for working parents and carers to agree to because of caring responsibilities. If you are concerned about the changes you should explain clearly the reasons why and give the background to why they may be particularly difficult for you to agree to and how they may affect you e.g. because of childcare responsibility/nursery hours and location; your partners shift pattern; if you are a single parent and have sole responsibility for caring for children; or if you care for an adult.  This will help to alert to your employer that there maybe additional considerations under the Equality Act.

You can refuse to accept the change, and your employer normally cannot force you to accept it but there are some exceptions to this and ways employers can impose changes on you.  

If you are happy with the change, you can agree to the new terms verbally or in writing – we recommend that you agree the change in writing, and make it clear if the change is only intended to be temporary (or it may become a permanent change).  

If you are unhappy with the change, you can usually refuse. But there are some exceptions – for instance, if your contract allows your employer to make the specific change and the change is reasonable.   

You need to let your employer know if you are not happy with the change they are trying to make. If you do not tell your employer that you are unhappy with the change and start to work under the new terms and conditions, your employer may take this as your agreement to the change. 

Check your contract

The first thing to do is read your employment contract.

Right to written terms

Employers are required by law to provide employees and workers with a written statement of particulars stating the main conditions of employment.  If you haven’t got anything in writing about your employment, think about what has been agreed orally between you and your employer and what your job looks like on a day to day basis. This is still a contract. If there has been no formal agreement, but you have worked in a particular way for some time with the permission of your employer, you could argue that your current arrangements are part of your contract. You can also ask your employer for your written contract.

Variation, Flexibility and Mobility Clauses

An employment contract can only be varied if there is agreement or if the terms allow it.  You should check your contract for wording that allows your employer to vary certain terms without your agreement, sometimes called a ‘variation’ or ‘flexibility’ clause.  The wording must be clear that your employer can make the type of change they want to make. It may explain the process for making changes and any notice you should be given.  

If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then your employer may be able to make the change without your agreement. Although you may still have rights to protest the change.    

If your employer wants to change the location of your place of work, they may seek to rely on a ‘mobility’ clause in your contract. To be enforceable, mobility clauses must ordinarily be clear and specific about the potential for your work location to change. Your employer must act reasonably when using a mobility clause, otherwise you may have claims against them (see below). 

Even where there is a variation, flexibility or mobility clause, this is generally only allowed to be used for reasonable changes which are minor administrative changes and not detrimental to you.  

If the change is unworkable because of your caring responsibilities, you can protest the change (see Working under Protest below) and we recommend that you seek legal advice (see below) in case the change requested could amount to discrimination. 

All these factors will affect whether or not your employer can legally change your contract, and any claims you may be able to make against them.  

There may also be an exception if you’re in a unionised workplace. 

Your options if your employer changes your contract

If your terms are changed without your agreement, and there is no clause in your contract allowing your employer to do so, then this is likely to be a breach of contract. 

In this case, your options are:

• Do nothing and carry on working the new hours, making no objection. You will most likely be seen to have agreed to the change; 
• Negotiate with your employer to seek agreement or compromise; 
• Continue working under protest;  To do this, you need to let your employer know in writing that you object to the change. We have two sample letters of protest to use depending on whether your employer is seeking to vary your existing terms against you will or whether your employer has or intends to dismiss you and re-employ you under a new contract (see below). You may also want to consider bringing claims against your employer, depending on the breach; 
• Refuse to work the new terms, and continue working under your old agreed terms; 
• If the contractual change is so serious that it is a fundamental breach and you feel you have no choice but to resign, you may seek to bring a claim for constructive dismissal. This is a high-risk option and you should always take legal advice before you resign as constructive dismissal claims are very difficult to bring. You can usually only claim constructive dismissal if you have worked for your employer for 2 years. Please see here for more information.
• If you are a member of a union, you can also involve your union to protest to the change on your behalf. 

Statutory Code of Practice on Dismissal and Re-engagement (Fire and rehire)

The Statutory Code of Practice on Dismissal and Re-engagement came into force on 18th July 2024. The code provides practical guidance for employers and employees to follow in situations commonly known as ‘fire and rehire’, described in the code as situations where an employer:-

• is considering making changes to one or more of its employees’ contracts of employment
• envisages that, if the employee or their representative does not agree to some or all of the changes, it might opt for dismissal and re-engagement in respect of that employee

Whilst failure to follow the Code of Practice will not give rise to a stand alone claim, the code must be taken into account by employment tribunals in relevant cases, including unfair dismissal (see below) and tribunals have the ability to uplift compensation by up to 25% if am employer unreasonably fails to follow it.

The code includes the following key provisions:

• Fire and rehire should only be sued as a last resort
• A requirement to consult for as long as reasonably possible
• Employers should contact ACAS at an early stage
• Alternatives to fire and rehires should be explored by employers
• Employers should not use threats of dismissal to pressure employees into signing new terms and conditions
• Once employers become aware that proposed changes are not agreed, the proposals should be re-examined and employers should consider feedback from employees and/or their representatives

Potential claims

If your employer tries to force you to accept new terms of employment, or dismisses you and tries to offer you new employment, you may have a number of potential claims against them. 

Note that claims in the Employment Tribunal can be complex and take a long time to resolve. There are also strict time limits that apply. You should seek advice before deciding to start a claim, or follow the steps outlined below. We have a number of resources related to Employment Tribunals and the next steps you would need to take.

What to do next

Keeping in mind the strict time limits for bringing claims in the Employment Tribunal (usually 3 months less a day of the act complained of) we recommend as a first step having discussions with your employer with a view to reach an agreement and compromise to preserve your employment where possible.

You can also consider submitting a statutory flexible working request to request the hours and working pattern that works for you. However, if you put in a flexible working request, there is a risk that this will be taken to mean that you accept the change that they have suggested and that you are now requesting to change the contract again. This will make it difficult or impossible to bring certain types of claims (e.g., constructive dismissal).

If you put in a flexible working request, you should make it clear that you are making the request on the basis that you do not accept the changes made to your contract. You should do this by writing on the front of the application “This application is made on the basis that I object to the change being made and that I do not agree that the change is lawful”. Please see our page for more information on how to make a request here: Flexible working and the right to request – Working Families

Raise a grievance

If the discussions with your employer don’t resolve the issue, or you think your employer has treated you very unfairly and the relationship is breaking down, you can consider raising a grievance. 

Raising a grievance is important if you think you might later raise a claim in the Employment Tribunal because failure to follow internal resolution methods can disadvantage your claim and result in a reduction in compensation awarded. 

It is often advisable to try and resolve things amicably, as formal processes can damage your relationship with your employer. For legal insight into grievances and tips on how to engage with your employer before it reaches this point, see our article on how grievances do more harm than good.

Make a claim in the Employment Tribunal

If you cannot come to an agreement, if your employer dismisses you or you feel forced to resign, you can consider a claim against your employer in the Employment Tribunal.

If you want to submit an Employment Tribunal claim, there is a strict time limitation to do so – you must bring a claim within three months less a day of the date your change occurred (for breach of contract), the date of your dismissal (for unfair dismissal), or the date of the acts complained of (for discrimination).

In order to start the process of making a claim, you must first contact ACAS to start early conciliation. For further details of the process for bringing an Employment Tribunal claim please see our articles on starting a claim.

The process can be complex, so we strongly recommend seeking legal advice if you choose to do this.

Frequently asked questions

Below are some of the most common questions we receive on our helpline about imposed change.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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