If you are approached by the business to implement a contractual variation, you will instantly think of unfair dismissal and constructive dismissal. HR will need to grapple with the contracts to see whether there is sufficient flexibility in the employee’s terms to effect the change. You will also need look at any TUPE issues that may arise.
Whether your contract has flexibility or not, you will frequently need to advise the business that consultation may be needed. This will have an impact on the timescales for implementation as well at its overall viability.
We have a great deal of experience in advising our HR clients on how the needs of the business can be achieved. This includes planning and practical advice on implementing these plans. Previous matters that we have advised on are, the successful closure final salary pension schemes, the successful harmonisation of terms following a TUPE transfer; successfully changing working hours and shift patterns and successfully changing terms relating to pay such as rate of pay and payment schemes.
We will offer you support at each step to ensure that you can make the change that is needed.