Resisting unilateral changes to contract terms

If an employee does not agree to proposed changes, imposing change unilaterally is a breach of contract, unless the contract contains an express term permitting the change. The employee can do one of a number of things in response:

• accept the change;

• refuse to work under the new terms: it is then up to the employer to decide what to do (see below);

• object to the new terms but carry on working under them while taking legal action;

• carry on working but treat themselves as dismissed and claim unfair dismissal (only if there is a substantial difference in terms);

• resign and claim constructive dismissal if there is a fundamental breach of contract.

Special rules apply to a business transfer protected by TUPE. See Chapter 8.

All these options require legal advice, solidarity and support from your trade union.