Change of contract without consent: your rights and fire and rehire

Your employment contract is a legal agreement, and as a basic rule neither side can change it alone. If your employer cuts your pay, changes your hours or moves your workplace without your agreement, you usually have options. What you do in the first few weeks matters a lot.

When can an employer change your contract?

An employer can lawfully change your terms if:

• You agree, in writing or by conduct (more on that below)
• A collective agreement with a recognised union changes them
• A flexibility clause in your contract genuinely covers the change, for example a mobility clause allowing relocation within a reasonable distance. Courts read these narrowly, and they cannot be used in a way that is unreasonable or destroys trust.

Changes to non-contractual policies, such as a staff handbook that is not part of your contract, are usually easier for an employer to make.

The danger of saying nothing

If your employer imposes a change and you carry on working under it without objecting, a tribunal may decide you accepted it by conduct. A few months of silence can be enough. If you do not agree:

• Object in writing straight away
• State that you are working under the new terms "under protest" and do not accept them
• Keep payslips, rotas and correspondence

Your options if a change is imposed

• Claim for unpaid wages. If your pay is cut without agreement, the shortfall can be an unlawful deduction from wages, claimed in a tribunal.
• Breach of contract claim, for losses caused by the change.
• Raise a grievance. It puts your objection on record and often resolves things. See raising a grievance at work.
• Resign and claim constructive dismissal. A fundamental change, such as a big pay cut, can be a repudiatory breach. This is high risk, so read what is constructive dismissal and get advice before you resign.

What is fire and rehire?

Fire and rehire (formally "dismissal and re-engagement") is where an employer dismisses you and offers you your job back on worse terms if you will not agree to the change. It is currently lawful, but it is regulated:

• Since July 2024, a statutory Code of Practice on dismissal and re-engagement applies. Employers must treat dismissal as a last resort, consult genuinely and share information about why the change is needed.
• If an employer unreasonably fails to follow the Code, a tribunal can increase compensation by up to 25%.
• If 20 or more employees are facing dismissal, collective consultation duties apply, as in redundancy consultation.

A fire and rehire dismissal can already be challenged as unfair dismissal if you have two years' service and the employer acted unreasonably.

What changes on 1 January 2027

The Employment Rights Act 2025 makes it automatically unfair to dismiss an employee for refusing to agree to certain contract changes, or to replace them with someone doing substantially the same job on new terms. The government's factsheet confirms this is due to start on 1 January 2027.

Key points, as currently set out:

• It covers "restricted variations", which include changes to pay, hours, holiday and pensions
• The only real defence is where the employer faced financial difficulties threatening its ability to carry on, and could not reasonably avoid the change
• Automatic unfairness does not need two years' service

The detail will depend on the final regulations, so if your employer is proposing changes now, timing matters. Dismissals before 1 January 2027 fall under the old rules.

Worked example

A logistics firm tells 12 drivers their weekend premium will be removed. Anyone who does not sign by Friday will be dismissed and offered re-employment on the new terms. There has been no consultation and no explanation. Each driver with two years' service has a strong unfair dismissal argument, and the Code breach could add 25% to compensation.

Related rights

If the change is to your shift pattern and you want to propose an alternative, a flexible working request can sometimes break the deadlock. If you are on a casual contract, your employer may not need to change anything to cut your hours: see zero hours contract rights.

Time limits

For claims where the act complained of happened on or after 1 October 2026, you generally have six months less one day to start Acas early conciliation. Unlawful deductions run from the last deduction in a series.

Get advice

A contract change is often a negotiation in disguise. Our constructive dismissal solicitors can tell you whether to object, negotiate or claim. Tell us what is happening and we will match you with a vetted specialist within 24 hours, free.