Adam Hill
Deputy Commission Manager
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Imposed changes to Terms and Conditions

Imposed changes to Terms and Conditions

Is it possible for a company to enforce a change to an employee’s terms and conditions of employment? Specifically in regards to benefits offered.

For example, we took a number of employees under TUPE who are entitled to a paid lunch break. To maintain parity, all new employees in the same discipline have had their lunch break included as part of their working hours in their contracts.

Our HR department are now claiming that these employees are not entitled to paid lunch and should only claim for hours worked excluding lunch. In one case they have issued a new contract to an employee (who has worked under these T's & C's for over 2 years) which has reduced her hours to reflect a non-payment of lunch. We have advised her not to sign this new contract.

Are we right to do so or are our HR department entitled to insist on this change?

Adam Hill


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14th Aug 2007 13:25

Terms and conditions can only be amended by mutual agreement; this is usually achieved following a period of consultation. If the company is insistent about the change they want to make, they will need to terminate employment and re-engage, but in doing so leave themselves open to unfair dismissal claims etc.

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