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Document updated/added on 13.11.2020

Topic: Changing terms & conditions and TUPE

letter confirming agreement to vary terms of contract of employment
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Letter confirming agreement to vary terms of contract of employment

Letter confirming agreement to vary terms of contract of employment

Where an employee has agreed to a variation to one or more of the terms of their contract of employment, you need to ensure this is properly recorded in writing.

Written consent

If the employee has signed a consent form or orally stated that they are willing to accept the change to their contractual employment terms, it can then be incorporated into their contract of employment and, for the avoidance of doubt, their consent to it should always be obtained in writing. One way to do this, even if they’ve already signed a consent form, is to issue an amended contract of employment for signature: use our Letter Confirming Agreement to Vary Terms of Contract of Employment for this purpose. It attaches two copies of the amended contract - one for the employee to keep for their records and the other for them to sign, date and return to you.

Statement of change

If a variation of contract affects one of the terms and conditions required by law to be covered in the employee’s statutory written statement of employment particulars, including those now required to be covered under the regime in force from 6 April 2020, then you must give the employee written notification of this as soon as possible, and, in any event, not later than one month after the change takes effect - see our Statement of Changes to Employment Particulars.

 

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