What could an employee do in these circumstances?
• The employee can accept the breach and continue to work under the
amended contract. Where an employee continues to work under revised
terms without objection, then in due course he or she may be regarded
as having agreed to the changes.
• Where an imposed change involves a significant change to the contract,
eg: a reduction in pay or alteration of working hours, an employer may
well be acting in fundamental breach of contract. Where there is a
fundamental breach, the employee may treat the breach as bringing the
contract to an end and leave the job. In such circumstances and subject
to having the necessary qualifying service, the employee will have the
opportunity to make a claim of constructive dismissal before an
employment tribunal. In coming to a decision the tribunal will take into
account whether the employer acted reasonably in all the circumstances
of the case.
• Alternatively, the employee may continue to work within the varied
contract but under protest, making it clear that he or she does not accept
the terms and is treating the change as a breach of contract
and dismissal from the original contract. In these circumstances the
employee will retain the right to seek damages from the employer for
a breach of contract and/or a declaration from the courts that the
employer must abide by the original terms. Subject to having the
necessary qualifying service,
