Can My Employer Change My Contract Without My Agreement? UK Guide 2025

Can My Employer Change My Contract Without My Agreement? UK Guide 2025 Last Updated: November 2025 Jurisdiction: England, Wales & Scotland Important: This article provides information about UK employment law. It is not legal advice. Every situation is different, and you should consider speaking to a qualified employment solicitor for advice specific to your circumstances.

Quick Summary Can your employer change your contract without agreement? Generally, no. Your employment contract is legally binding on both sides. Most contract changes require your consent. When employers CAN change your contract: You explicitly agree to the change Your contract has a valid flexibility clause that covers the change You accept the change by continuing to work without objection When employers CANNOT change your contract: Fundamental terms (pay, hours, location, duties) without your agreement Changes that go beyond any flexibility clause Unilateral changes you've objected to in writing If your employer changes fundamental terms without agreement, that's usually breach of contract - and you have legal rights. Time limit to act: 3 months minus 1 day from the date of change.

Introduction Your employer just announced you're moving to a different office 50 miles away. Or they've cut your hours by 40%. Maybe they've reduced your salary "temporarily due to business conditions." And you're asking: Can they actually do that? The answer matters because contract changes can seriously affect your life: Lower pay means struggling with bills, mortgage, or savings Different hours clash with childcare or caring responsibilities New location adds hours to your commute and transport costs Changed duties damage your career progression This guide explains: When contract changes are legal vs unlawful What counts as a "fundamental" term Your rights when employers breach your contract The critical mistakes that cost workers their claims What to do immediately to protect your position According to employment tribunal data, workers who take the right steps within the first week have significantly higher success rates in contract change disputes.

When Employers CAN Legally Change Your Contract

1. You Agree to the Change How it works: Both parties must consent to contract changes. If you explicitly agree, the new terms become part of your contract. What explicit agreement looks like: You sign a new contract or variation agreement You respond "Yes, I agree" in writing You confirm acceptance by email Example: Your employer offers flexible working (2 days from home). You agree in writing. This becomes contractual. Later changes to this arrangement would need your agreement again.
2. Flexibility Clauses in Your Contract What they are: Some contracts include clauses allowing the employer to vary certain terms. Common flexibility clause: "The company reserves the right to reasonably vary your duties in line with business needs." What flexibility clauses CAN do: Allow minor adjustments to job duties Permit reasonable variations to non-fundamental terms Enable role adaptation to business needs What flexibility clauses CANNOT do: Justify fundamental changes (major pay cuts, demotions, relocations) Override express contract terms Be used unreasonably Employment tribunal principle: Flexibility clauses are interpreted narrowly. They cannot be used to completely rewrite your contract or make changes that go to the heart of the employment relationship. Example: A contract stated the employer could "vary duties as required." When used to demote a manager to an admin role, the tribunal ruled this exceeded the clause's scope. The employee won.
3. Implied Acceptance by Continuing to Work What it means: If you continue working under new terms without objecting, you might be seen as accepting the change. This is the trap many workers fall into. Example: Your hours are reduced in January. You keep working the new hours without complaint until May. When you finally object, the employer argues you've accepted the change by working under it for 4 months. How to avoid this trap: Object in writing immediately, even if you plan to keep working. More on this below.
4. TUPE Transfers and Collective Agreements TUPE (Transfer of Undertakings): When a business transfers to a new owner, complex rules apply about contract changes. The new employer may be able to harmonize terms over time, but strict conditions apply. Collective agreements: If your contract incorporates collective bargaining agreements, union-negotiated changes may apply to you. Important: Both situations involve complex legal rules. Get specific advice if either applies to you.

When Contract Changes Are Unlawful (Breach of Contract) Certain terms are so important that changing them without agreement is almost always unlawful. These are "fundamental terms." Fundamental Terms That Cannot Be Changed Unilaterally

1. Pay and Wages What's protected: Basic salary or hourly rate Commission structure (if contractual) Guaranteed bonuses Overtime rates Payment frequency Unlawful changes: Reducing your salary without agreement Changing commission to pay you less Removing contractual bonuses Moving from monthly to quarterly pay Example: Contract states £35,000 per year. Employer announces 15% pay cut. Employee objects in writing but continues working. This is breach of contract - the employee can claim compensation for the difference.
2. Working Hours What's protected: Total hours per week or month Shift patterns Days worked Part-time vs full-time status Unlawful changes: Cutting hours from 40 to 25 per week (even at same hourly rate) Changing day shift to night shift Requiring weekend work when contract specifies weekdays Critical point: Reducing hours means less total pay. This is a fundamental change even if your hourly rate stays the same.
3. Workplace Location What's protected: Office or site location Working from home arrangements Geographic base Unlawful changes: Moving you to a different city Removing contractual remote working Significantly increasing commute distance Exception - Mobility Clauses: If your contract includes a genuine mobility clause ("You may be required to work at any UK location"), the employer can relocate you within that clause's scope - but must still act reasonably. Example: Employee's contract specified London office with no mobility clause. Employer required move to Birmingham (120 miles away). Employee objected, worked under protest for 2 weeks, then resigned. Tribunal found this was fundamental breach - employee won constructive dismissal claim.
4. Job Role and Duties What's protected: Job title Main responsibilities Level of seniority Core duties Unlawful changes: Demotion (Manager → Assistant) Removing key responsibilities Complete role change Reducing status or authority Why this matters: Your job title and duties affect your CV, career progression, and future employment prospects. Tribunals recognize this.
5. Contractual Benefits What's protected: Company car or car allowance Health insurance Pension contributions (beyond statutory minimum) Equipment, phone allowances Professional memberships Unlawful changes: Removing or reducing these benefits without agreement, even if replaced with cash alternatives. Important: Benefits written into your contract are contractual rights, not discretionary perks.
6. Other Fundamental Terms Notice period (can't be unilaterally reduced) Probation period Agreed flexible working arrangements Specific working patterns (compressed hours, term-time only)

What Makes a Contract Change "Fundamental"? Not every contract change is fundamental. Courts consider: Significance of the change: Does it substantially affect your employment? Financial impact: Does it reduce your income or benefits? Effect on work-life balance: Does it clash with caring responsibilities or other commitments? Career impact: Does it affect your professional status or future prospects? The contract language: What did the original contract promise? Employment tribunals assess each case individually. What counts as fundamental in your situation depends on your specific circumstances and contract.

What to Do If Your Employer Changes Your Contract Without Agreement CRITICAL: Your First 48 Hours Matter The single biggest mistake workers make: Continuing to work under new terms without formally objecting. This can destroy your legal claim because employers argue you "accepted" the change by your conduct. Step 1: Object in Writing (Day 1) Even if you plan to keep working, send an email or letter to your manager and HR today. This single email protects your legal position. Step 2: Check Your Employment Contract Review your employment contract to understand: What your original terms were Whether any flexibility clauses exist Your notice period Don't have a written contract? Look for emails, payslips, or documents confirming your original terms. Step 3: Understand Your Deadline You have 3 months minus 1 day from the date of breach to start the tribunal claim process. When does time start? The date the change took effect, OR Each payday (for ongoing breaches like reduced pay) Don't wait. Evidence disappears, memories fade, and deadlines are strict. Step 4: Document Everything Start gathering evidence: The announcement of the change Your written objection Your contract and payslips All correspondence Keep a timeline of events. Step 5: Calculate Your Potential Losses Work out your financial impact: What were you receiving before the change? What are you receiving now? What's the difference per month/year? What other losses have you suffered (benefits, etc.)? Understanding your losses helps you: Assess how serious the breach is Decide whether to pursue a claim Understand potential compensation For accurate calculation of your specific losses and personalized compensation estimates based on your contract, benefits, and circumstances, use our compensation calculator → Step 6: Decide Your Response Strategy Please note: These are general options based on common scenarios. The right choice for you depends on your specific circumstances. Get legal advice before making important decisions about your employment, especially for complex situations. You have several options: A. Accept the change B. Refuse the change C. Work under protest D. Raise a grievance E. Seek ACAS conciliation F. Resign and claim constructive dismissal (high risk) Each option has different risks, requirements, and potential outcomes. Step 7: Get Expert Guidance Don't navigate this alone. Contract change disputes involve: Strict time limits Technical legal requirements Evidence gathering rules Tactical decisions Your options: ACAS (free): Mandatory early conciliation before tribunal Union (free if member): Representation and advice Employment solicitor (£200-£400/hour): Professional legal advice Yerty platform (from £20): Affordable guidance, tools, and personalized action plans

What If My Employer Threatens Dismissal or "Fire and Rehire"? Some employers try to force contract changes by threatening to dismiss employees who don't agree. The most extreme version is "dismissal and re-engagement" (also called "fire and rehire") where they: Give notice to terminate your existing contract Offer you a new job with the changed (often less favorable) terms If you don't accept, you're unemployed This is legal in some circumstances, but employers must follow strict rules. The Statutory Code of Practice on Dismissal and Re-engagement Since July 18, 2024, employers must follow the government's Code of Practice. This provides protection for employees facing fire and rehire. The Code requires employers to: Use fire and rehire only as a last resort - after trying all alternatives Consult for as long as reasonably possible - not rush through changes Contact ACAS at an early stage - get independent conciliation Explore and explain alternatives - show why other options won't work Not threaten dismissal to pressure employees - can't use it as a negotiating tactic Provide detailed written information about changes and reasons Listen to employee feedback and take it seriously Consider alternative suggestions from employees What Happens If Employers Don't Follow the Code? While breaking the Code doesn't create a standalone legal claim, employment tribunals must take it into account in relevant cases. Consequences for employers: Unfair dismissal claims are more likely to succeed Compensation can be increased by up to 25% if employer unreasonably failed to follow the Code Tribunal findings that employer acted unreasonably Reputational damage Example: If you win an unfair dismissal claim worth £10,000, the tribunal could increase it to £12,500 (25% uplift) if your employer didn't follow the Code properly. What to Do If You're Facing Fire and Rehire Take these immediate steps: Object in writing immediately Document any Code failures by your employer Keep all correspondence and consultation documents Contact ACAS yourself for early advice Get legal advice urgently - fire and rehire is complex For a detailed fire and rehire action checklist, including specific Code compliance checks and objection letter templates, see our Breach of Contract Complete Guide → Your Rights If Dismissed and Re-engaged If your employer dismisses you and offers re-employment on new terms: You may have claims for: Unfair dismissal (if 2+ years service, or automatically unfair if discriminatory) Discrimination (if change disproportionately affects you due to protected characteristic) Wrongful dismissal (if proper notice not given) Failure to inform and consult (if 20+ employees affected) Should you accept the new job offer? This is a critical decision with significant implications for your compensation and rights. Get legal advice before deciding. Important: Even if you accept the new job, you can still claim unfair dismissal for the original dismissal.

Other Legal Claims You Might Have Depending on your situation, you may have additional claims beyond breach of contract: Unlawful Deduction from Wages If your employer has reduced your pay without agreement, this may be simpler than a breach of contract claim. What it is: A claim that your employer has unlawfully deducted money from your wages. When it applies: Pay reduced without your agreement Hours reduced (meaning less total pay) Benefits removed that have a monetary value Commission or bonuses withheld Why it's better than breach of contract: Can be claimed in Employment Tribunal (not civil court) Available while still employed No risk of paying employer's legal costs Simpler and faster process Can claim for each underpayment Time limit: 3 months from each deduction Example: Your salary is reduced from £3,000 to £2,500 per month. Each month's underpayment (£500) is a separate deduction. You can claim for each one within 3 months of that month's payday. Discrimination Claims If the contract change disproportionately affects you because of a protected characteristic, you may have a discrimination claim. Common scenarios: Indirect sex discrimination: Hours or shift changes affecting mothers with childcare responsibilities Pattern changes making school runs impossible Weekend work requirements clashing with sole parent duties The "childcare disparity": Courts recognize that women still bear the greater burden of childcare. Changes to working patterns that disadvantage those with childcare responsibilities may be indirect sex discrimination. Disability discrimination: Changes affecting reasonable adjustments Hours changes affecting medical appointments Location changes affecting disability access Important advantages: No qualifying period needed (can claim from day one) Potentially higher compensation Employer must justify the change as "proportionate means of achieving legitimate aim" Example: Your employer changes everyone from 9-5 to shift work including evenings and weekends. You're a single mother and this makes childcare impossible. Other employees without childcare responsibilities can comply. This may be indirect sex discrimination. Collective Consultation Failure (20+ Employees) If your employer is changing contracts for 20 or more employees, they must follow collective consultation rules. Employer obligations: Consult with employee representatives or trade union Provide specific written information Consult for minimum time period Notify the Secretary of State Consider employee feedback If employer fails to consult properly: Each affected employee can claim a protective award Up to 90 days' pay per employee This is in addition to other claims It's a separate right, not dependent on dismissal This applies even if: You're not in a union You weren't personally consulted You accepted the changes You're still employed Time limit: 3 months from when you were dismissed or should have been consulted

Common Questions About Contract Changes Can my employer reduce my hours without my consent? Generally, no. Working hours are a fundamental contract term. If your contract states 40 hours per week, your employer cannot unilaterally reduce this to 25 hours - even if your hourly rate stays the same - because your total pay decreases. Exception: Your contract has a flexibility clause covering hours, or you agree to the change. If your hours are reduced without agreement, you can object in writing and claim compensation for lost earnings.

What happens if I refuse a contract change? Your employer cannot force you to agree. If you refuse, your employer may: Back down and keep original terms Dismiss you (potentially unfair dismissal if you have 2+ years service) Continue pushing for the change Open settlement discussions You cannot be lawfully dismissed for refusing an unlawful contract change. That would be unfair dismissal.

Can I refuse a contract change? Yes, absolutely. You have every right to refuse changes you don't agree with. Contract variations require both parties' consent. Your refusal is legally valid. "No" is a complete answer.

How long do I have to challenge a contract change? 3 months minus 1 day from the date of breach. For ongoing breaches (like reduced pay each month), you have 3 months from each underpayment. Before making a tribunal claim, you must contact ACAS for early conciliation. This extends your deadline slightly (usually by about a month). Don't delay. Extensions are rare and difficult to get. If you're unsure about deadlines, speak to a solicitor or call ACAS for more information.

What if I need my job and can't afford to quit? You don't have to quit to protect your rights. Here's what you can do: Object in writing immediately - State you don't agree and are "working under protest" Continue working - Keep your job and income Gather evidence - Document everything Explore options - Use internal procedures, then ACAS if needed Don't rush to resign - Constructive dismissal is high risk Working under protest (with written objection) means you're NOT accepting the change. You're protecting your rights while keeping your job.

What is "working under protest"? Working under protest means: You continue working to preserve employment But you've formally objected in writing You're making clear you don't accept the change You're reserving your legal rights Why it matters: Without a written objection, continuing to work can be seen as "implied acceptance" of the change. How to do it: Send a written objection stating: "I do not agree to this change. I am continuing to work under protest to preserve my employment. This does not constitute acceptance of the new terms. I reserve all my rights." Important: Re-confirm your objection in writing regularly - ideally each time you receive reduced pay. This maintains your position and prevents implied acceptance.

How long can I work under protest? There's no strict time limit, but you should act promptly. The longer you work under changed terms, even under protest, the weaker your position may become. Case law guidance: In Rigby v Ferodo, employees successfully protested for several months. Every case is different. Best practice: Aim to resolve within weeks, not months Re-confirm your objection regularly Take action (raise grievance, seek advice, start tribunal process) within 3 months Don't wait indefinitely Working under protest should be temporary - use this time to explore options, get advice, and decide your next steps.

Can I claim for reduced pay while still working? Yes. If your employer has reduced your pay without agreement, you have two claim options: Option 1: Unlawful Deduction from Wages (Usually Better) Can be claimed in Employment Tribunal Available while still employed Simpler than breach of contract No risk of paying employer's costs if you lose Claim for each underpayment Must claim within 3 months of each deduction Option 2: Breach of Contract Must be claimed in civil court (if still employed) Risk of paying employer's costs if you lose More complex and expensive Usually only worth it for larger amounts or when employment has ended For pay reductions, unlawful deduction from wages is usually the better option while you're still employed.

What if my working pattern isn't in my written contract? Your employment contract includes more than just written documents. It can also include: Implied terms: Conditions not written down but understood by both parties Custom and practice: Working patterns you've followed for a significant time with employer approval Examples that may be contractual even without writing: You've worked 9am-5pm for 3 years, even though contract says "shift work" You've worked from home 2 days per week for 18 months with manager's knowledge You've always had Wednesday afternoons off for 2 years with approval The test: If you've worked a certain way for a long time with your employer's knowledge and approval, this may have become part of your contract. Important: Temporary arrangements are different. If you agreed something was temporary, it may not have become a permanent contract term. What to do: Document your actual working pattern Show it's been consistent for significant period (usually 6+ months) Prove your employer knew and approved Keep evidence (emails, rotas, manager approvals)

Is there a 12-week consultation rule? No. This is a common myth. There is no rule that employers can change your contract if they consult for 12 weeks first. The truth: Consultation does not equal consent. Your employer cannot impose fundamental contract changes regardless of how long they consult. Where this myth comes from: Collective redundancy consultations (different situation) TUPE transfers (also different) Some employers' internal policies The law: Contract changes require agreement. No amount of consultation overrides this.

Your Next Step If your employer has changed your contract without your agreement, time is critical. You need to know: Whether this change is lawful What your rights are What your deadline is What to do right now Our free assessment answers all of these questions in 2 minutes. You don't have to hire a solicitor. You don't have to file a claim. You don't have to quit. But you do need to understand your position and protect your rights. Because: Deadlines are strict (3 months minus 1 day) Evidence disappears quickly Silence can be seen as acceptance Your rights are real and enforceable

Sources "Contracts of Employment," ACAS, 2024, https://www.acas.org.uk/employment-contracts Employment Rights Act 1996, Legislation.gov.uk, https://www.legislation.gov.uk/ukpga/1996/18/contents "Changing an Employment Contract," ACAS, 2024, https://www.acas.org.uk/changing-an-employment-contract "If Your Employer Introduces a Contract Change Without Your Agreement," ACAS, 2024, https://www.acas.org.uk/changing-an-employment-contract/advice-for-employees/if-your-employer-introduces-a-contract-change-without-your-agreement "Check if Your Employer Can Make Changes to Your Contract," Citizens Advice, 2024, https://www.citizensadvice.org.uk/work/changes-to-employment-contracts-overview/ "Your Employment Contract: How It Can Be Changed," GOV.UK, 2024, https://www.gov.uk/your-employment-contract-how-it-can-be-changed "Code of Practice on Dismissal and Re-engagement," GOV.UK, 2024, https://www.gov.uk/government/publications/dismissal-and-re-engagement-code-of-practice "The Law When an Employer Asks You to Change Your Hours," Working Families, 2024, https://workingfamilies.org.uk/articles/the-law-when-an-employer-asks-you-to-change-your-hours/ "Employment Tribunals: Making a Claim," GOV.UK, 2024, https://www.gov.uk/employment-tribunals/make-a-claim

Need Legal Advice? This article provides general information only. For advice specific to your situation, you can: Law Society: Find an employment solicitor at www.lawsociety.org.uk Citizens Advice: Free advice at www.citizensadvice.org.uk ACAS Helpline: 0300 123 1100 (free advice on employment rights) Your Trade Union: Free legal support if you're a member