Changing a Contract of Employment in Ireland

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http://EmploymentRightsIreland.com Changing an employment contract in Ireland can be fraught with dangers for employers as there are a wide range of employment law in Ireland to be dealt with..

Business

Changing a contract of
employment
Employment law in Ireland

http://EmploymentRightsIreland.com

Principal rule
• The contract of employment, like any contract,
cannot be changed unilaterally
• Agreement of both parties is critical

http://EmploymentRightsIreland.com

Work practice or change of term?
• Important to recognise whether the proposed
change is a change of a term of the contract..
• Or a change of work practice
• Work practice change is permissible
• Difficulty in knowing what is a work practice
and what is a term of the contract

http://EmploymentRightsIreland.com

Contractual right to vary
• Most contracts will contain a contractual right
to vary the contract
• However this right can only be exercised
“reasonably”
• Test is whether the change is reasonable and
necessary

http://EmploymentRightsIreland.com

Trade unions
• Trade unions can negotiate change on behalf
of their members
• However if employees make it clear they will
not be bound by the change, they won’t be
bound

http://EmploymentRightsIreland.com

Co-operation or acquiescence
• An employee can be held to have acquiesced
if he/she does not object to the change
• However he/she can argue he/she was merely
being co-operative
• Notice before the change from the employer
is key

http://EmploymentRightsIreland.com

Employment problems for employers
• Employers can be badly caught by claims from
employees and ..
• NERA inspections

http://EmploymentRightsIreland.com

Free employment law report
• Visit http://EmploymentRightsIreland.com for
more free information for employers and
employees about employment rights in
Ireland.

http://EmploymentRightsIreland.com

FREE
• The report is free-no obligation
• Any queries about
• Employment contracts
• Staff handbooks
• Disciplinary procedures
• Grievance procedures
• Contact info@businessandlegal.ie

http://EmploymentRightsIreland.com

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Changing a Contract of Employment in Ireland

1. Changing a contract of employment Employment law in Ireland http://EmploymentRightsIreland.com

2. Principal rule • The contract of employment, like any contract, cannot be changed unilaterally • Agreement of both parties is critical http://EmploymentRightsIreland.com

3. Work practice or change of term? • Important to recognise whether the proposed change is a change of a term of the contract.. • Or a change of work practice • Work practice change is permissible • Difficulty in knowing what is a work practice and what is a term of the contract http://EmploymentRightsIreland.com

4. Contractual right to vary • Most contracts will contain a contractual right to vary the contract • However this right can only be exercised “reasonably” • Test is whether the change is reasonable and necessary http://EmploymentRightsIreland.com

5. Trade unions • Trade unions can negotiate change on behalf of their members • However if employees make it clear they will not be bound by the change, they won’t be bound http://EmploymentRightsIreland.com

6. Co-operation or acquiescence • An employee can be held to have acquiesced if he/she does not object to the change • However he/she can argue he/she was merely being co-operative • Notice before the change from the employer is key http://EmploymentRightsIreland.com

7. Employment problems for employers • Employers can be badly caught by claims from employees and .. • NERA inspections http://EmploymentRightsIreland.com

8. Free employment law report • Visit http://EmploymentRightsIreland.com for more free information for employers and employees about employment rights in Ireland. http://EmploymentRightsIreland.com

9. FREE • The report is free-no obligation • Any queries about • Employment contracts • Staff handbooks • Disciplinary procedures • Grievance procedures • Contact info@businessandlegal.ie http://EmploymentRightsIreland.com

Changing a Contract of Employment in Ireland

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