Redundancy and change

Proposed change to terms and conditions letter

Proposes a change to contractual terms, explains why, invites discussion, and seeks written agreement.

You need to change something contractual: hours, shift pattern, place of work, a pay element, a benefit. Unless the contract has a clear flexibility clause covering exactly this, a change needs agreement. This letter opens that conversation properly. Imposing a change, or dismissing and re-engaging to force it, is now heavily restricted; take advice before going near it.

Before it goes

  • You have checked the contract for a flexibility or mobility clause that already covers the change. If it does, a different, shorter letter applies.
  • You can explain the business reason in plain terms and have considered alternatives.
  • You have counted: if 20 or more employees might be dismissed for refusing, collective consultation rules apply.

The letter

[COMPANY NAME] [COMPANY ADDRESS] [DATE] [EMPLOYEE NAME] [EMPLOYEE ADDRESS] Dear [EMPLOYEE FIRST NAME], Proposed change to your terms and conditions of employment I am writing to explain a change the company is proposing to make to [WHAT, e.g. the working pattern of the [TEAM] / the place of work for [ROLE]s / the [ALLOWANCE] arrangements], why, and how I would like to discuss it with you. The proposal: [THE CHANGE, precisely, e.g. to move from the current pattern of Monday to Friday 08:00 to 16:30 to a rotating pattern of four ten-hour days, 07:00 to 17:30, with the fifth day off rotating across the team; total weekly hours and pay unchanged]. The reason: [BUSINESS REASON, e.g. our two largest clients now require site presence from 07:00, and the current pattern means paying overtime every day for the first hour while carrying idle time in the afternoon. The proposed pattern covers the hours the work needs without increasing costs, and gives everyone a three-day weekend every week.] The proposed start date is [DATE], which gives [NUMBER] weeks for discussion. This is a proposal, not a decision. Your written statement of terms and conditions can only be changed with your agreement, and I want to hear your views and any concerns before anything is finalised. I would like to meet you on [DATE] at [TIME] to discuss it; you are welcome to bring a colleague. [We are also holding a team meeting on [DATE].] If the proposal creates a particular difficulty for you, for example with caring responsibilities, transport or health, please tell me, as there may be adjustments we can make. [Anything offered in return: In recognition of the change, the company proposes [SWEETENER, e.g. a one-off payment of … / an additional day's holiday].] If, after discussion, you are willing to agree to the change, I will write to you confirming the new terms and asking you to sign to indicate your agreement. If you have concerns that cannot be resolved, I will explain the options at that stage; I hope we can find an arrangement that works. Yours sincerely, [MANAGER NAME] [JOB TITLE] [COMPANY NAME]

Filling it in

The proposal
Exact. Hours, times, pay, place. The employee is deciding whether to agree to it; they need to know what "it" is.
The last paragraph
Deliberately does not threaten dismissal. Given the 2024 Code and the 2025 Act, that conversation, if it ever comes, needs advice first.

What the law says

  • Contract law: a variation to contractual terms requires agreement (express or by conduct over time); unilateral imposition is a breach.
  • Employment Rights Act 1996 s.4: an agreed change to the written particulars must be confirmed in writing within one month.
  • Statutory Code of Practice on Dismissal and Re-engagement (in force July 2024) and the Employment Rights Act 2025: dismissal for refusing a contractual variation is restricted and in most cases automatically unfair once the relevant provisions are in force; a tribunal can also uplift compensation by 25% for failing to follow the Code. Take advice before contemplating dismissal and re-engagement.
Guidance, not legal advice. Employment law moves; check the current position before relying on any of it, and take advice on anything that could end someone's employment.

What turns this letter into a claim

  • Do not write "the change will take effect on … whether or not you agree". That is imposition, and the letter becomes the evidence.
  • Do not rely on a vague flexibility clause ("such other duties as the company may require") for a major change. Courts read them narrowly.
  • Do not skip consultation because the change is small. A month of proper discussion is cheaper than a claim.

Questions people ask

What if an employee refuses to agree?

Keep talking. Find out what the objection is and whether an adjustment solves it. If not, the options are to proceed with those who agree and leave the objector on their old terms, to drop the proposal, or to take legal advice on the position, because dismissal for refusing a variation is now tightly restricted and in most cases automatically unfair.

Does silence mean agreement?

Not reliably. Working under the new terms for a long period without protest can amount to agreement by conduct, but an employee who objects in writing and works "under protest" has not agreed. Get a signature.

Do I have to give anything in return?

Not legally, but agreement is easier when there is something in it for the employee. A day's holiday, a small payment, or a genuinely better pattern often settles what a bare request would not.

The letter, with the names already in

Employ AI drafts letters like this one from the employee's record, so the dates, service and pay are already right, and the disciplinary module writes the invitation and outcome letters from the case itself. All 44 letter families, 49 UK policies, GPS clock-in, rotas, leave and timesheets: £2.50 a month plus £1 per employee. 14 days free, no card.

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