Can my employer change my contract without my consent?
02/07/2026
Your employment contract sets out the terms you and your employer have agreed: your pay, hours, duties, place of work and more. What happens when your employer wants to change those terms, and can they do it without asking you?
In most cases, the answer is no. An employment contract is a legally binding agreement, and neither side can simply rewrite it alone. Just as you could not award yourself a pay rise, your employer cannot usually impose changes without your agreement, and doing so may amount to a breach of contract.
What counts as a change?
A change to your terms is known as a “variation”. It may involve cutting pay or overtime rates, altering your hours or shift pattern, changing your duties or job title, relocating your place of work, or removing benefits such as bonuses or private healthcare.
When can changes be lawful?
Your employer may be able to change your contract where:
- You agree to the change, whether in writing or verbally.
- Your contract contains a variation, flexibility, or mobility clause that allows it.
- The change is agreed through collective bargaining, for example with a recognised trade union.
- You carry on working without objecting, which over time may be treated as acceptance. This is known as affirmation.
- Contracts are changed in order to comply with new legislation, such as increases in the national minimum wage.
Even where a change is permitted, your employer is expected to act reasonably, explain their reasons and consult you first.
A word on variation clauses
Some contracts include vague and broad terms, seemingly allowing an employer to change the contents of a contract as they see fit. These clauses are read narrowly by the courts. A general clause will not allow your employer to make any change they like, particularly significant ones such as a pay cut, and it cannot be used to override your statutory rights or to make changes that are discriminatory.
What if I refuse?
If you do not accept a proposed change, your employer might withdraw it, negotiate, or simply continue under your existing terms. In some cases, they may try to impose the change anyway, or dismiss you and offer re-employment on new terms.
Your options may include:
- Continuing to work “under protest”, making clear in writing that you do not accept the change while you challenge it, helping to preserve your legal position.
- Raising a formal grievance.
- Claiming breach of contract or unlawful deduction from wages, for example where your pay is reduced.
- In serious cases, resigning and claiming constructive dismissal, where the employer’s conduct fundamentally breaches the contract. However, resignation is a significant step and legal advice should usually be taken before doing so.
Some of these claims depend on your length of service, so timing and the right approach matter.
“Fire and rehire” and upcoming changes to the law
One controversial practice is “fire and rehire”, where employers resort to formally terminating your existing contract and offering re-employment on new, often poorer, terms. While this would avoid a breach of contract claim, depending on your situation, this could be grounds for an unfair dismissal claim. If this applies to you, we highly recommend speaking to a member of our employment law team to see how we can help you.
However, the law here is changing. The Employment Rights Act 2025 has now become law, but its fire-and-rehire provisions are not yet in force. They are currently expected, as of June 16th 2026, to take effect in January 2027. Until then, fire and rehire can still be lawful where an employer has a genuine business reason and follows a fair process.
What to do if it happens to you
Check your contract for any variation clause, ask for the proposed change and the reasons in writing, and respond in writing if you do not agree. Crucially, take advice before signing anything, resigning or refusing to work. An early misstep can weaken your position.
Speak to our employment team
If your employer proposes a change, ask for it in writing, respond in writing if you disagree, and take advice before signing anything. Expert guidance at the right time can be the difference between protecting your position and losing it.
Our experienced employment solicitors act for employees across Liverpool, Halton, and Cheshire on a full range of workplace problems, including employment tribunal cases, constructive dismissal, workplace compensation, unfair dismissal, workplace discrimination, and whistleblowing.
Do not wait until the decision is made for you. Speak to one of our employment specialists today.
Learn how we can help: https://jrlevins.co.uk/services/employment-law-solicitors-liverpool/employment-law-for-employees/
📞 Merseyside: 0151 480 5777
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Runcorn: 01928 711119
This article is for general information only and does not constitute legal advice.
