At some point during your employment, your practice may wish to make changes or modifications to your terms and conditions of employment. Can they do this? Well yes they can, but if your practice wants to make changes to your terms and conditions of employment they need to follow the correct procedure.

All employees should have a written contract of employment, or a statement of particulars. Employers should provide these within the first 12 weeks of employment. It is important when offered any job that the terms and conditions of employment are clearly laid out. These can take the form of a contract or a letter. They may refer to a handbook containing the policies and procedures of the practice, in which case the handbook should accompany the contract. These written terms become what are known as ‘Express’ terms of employment.

As your employment with the practice progresses, you can expect small changes to occur. For example, it may be agreed verbally that you start at 8.30am when your contract states a 9am start. This becomes an ‘Implied’ term of your employment.

The Express and Implied terms form your Contact of Employment. If your practice attempts to make changes to your contract without consulting with you, or agreeing changes without telling you, this is unlawful.

If your practice informs you that it plans to make changes to your contract and you just ignore its proposed changes, or do not participate in the consultation process, it might be understood by the practice that you have just accepted the changes and they will implement them.

What should you do?

When you are given a revised or new contract you should do the following:

1.   read the documents carefully and compare the new proposal to your current terms and conditions

2.   highlight any changes that will affect you

3.   decide whether you are able – or willing – to accept these changes

4.   write back to the practice immediately and tell it you are considering the revised terms, and will respond within, say, two weeks. Call the BVNA Helpline on 01822 870270 if you require assistance with writing to the practice

5.   inform the practice, in writing, whether you agree to the new terms or disagree with them and request a meeting to discuss.

What does consultation mean?

A consultation is the process by which the employer talks to the employee(s) about the proposed changes. The practice should give you appropriate notice of when it wishes to implement changes and advise you of how you will be rewarded – a night shift allowance, for example.

As a rule, the consultation period should be one week for every completed year of service up to a maximum of 12 weeks. So if you have worked for the practice for six years, you will be entitled to six weeks notice of the changes being implemented.

If the practice wishes to alter fundamental terms of your contract, it must follow a consultation process with you, explaining the business reasons for the changes. This includes meeting and discussing the proposed changes with you individually. The individual consultation meetings are your opportunity to voice your concerns regarding the proposed changes and for the practice to address your concerns.

The law states that the process must be ‘meaningful’ – so the employer should explain the proposed changes and their impact, listen to questions, concerns or objections raised and give them serious consideration before responding. If employees offer alternative solutions or proposals these must also be given meaningful consideration.

More than one consultation meeting with the practice may be necessary before an agreement is reached; but the practice cannot just make changes ‘unilaterally’. This period of negotiation and consultation with you is vitally important if the practice is to work within Employment legislation guidelines.

The employer, however, is under no obligation to alter the plan as a result of consultation and may, after due consideration of the concerns raised, decide to proceed with the proposed changes anyway. Provided a proper consultation process has been carried out, this is likely to be legal.

If you agree to the terms to be changed before you finally sign the agreed contract, make sure you read carefully every section and you are happy with the terms. If you break the terms you could be disciplined; if the terms are broken by the employer you could go to an Employment Tribunal for breach of contract.

For further guidance or advice please contact the BVNA IRS Helpline on 01822 870270 during office hours or email nicky.ackerley@hrsupportconsultancy.co.uk

Author

Nicky Ackerley BA(Hons)

Nicky Ackerley HR Support is owned by Nicky Ackerley who has a BA (Hons) Business Studies Degree, is a member of the Chartered Institute of Personnel and Development and who has been a practising HR manager for over 20 years. HR Support Consultancy has provided the BVNA's Industrial Relations Service since it began in 2002.

Veterinary Nursing Journal • VOL 25 • No10 • October 2010 •