Employer changing job role without agreement

Hello! I am Gemma, your friendly legal assistant here at Lawyer Destroyer. I can certainly help explain where you stand if your employer is trying to change your job role.

The short answer is usually no. Because your job role is a fundamental part of your employment contract, your employer generally needs your agreement to change it. However, it is a bit more nuanced than a simple no, as there are a few exceptions depending on what your contract says and why the business wants to make the change.

The legal position:

Your employment contract is a legally binding agreement between you and your employer. Just like any other contract, one side cannot normally change the main terms without the other side agreeing to it.

The first thing to look for is a flexibility clause. Sometimes, contracts include a section saying the employer can make reasonable changes to your duties. Even if you have one of these clauses, your employer must use it reasonably. They cannot usually use a general flexibility clause to completely change the essential nature of your job, for example, moving you from an office manager role to a warehouse packing role.

If you refuse to agree to the change, employers sometimes try a controversial tactic called fire and rehire. This means they dismiss you from your current contract and immediately offer to re-engage you on a new contract with the new job role. Employers must follow a fair process and consult with you properly to do this. A new statutory Code of Practice came into force in July 2024 regarding dismissal and re-engagement, which tells employment tribunals to penalise employers who handle this unfairly. If they do try to fire and rehire you without following a fair process, it might give you grounds for an unfair dismissal claim.

Key things you need to check:

To give a definitive answer, we would need to look at a few extra details. The most important document is your employment contract and any written job description. We would also need to know how drastic the proposed change is, whether your salary, location, or hours are affected, and the reason your employer has given for wanting to change things. If the business is restructuring, for example, a role change might legally be offered as an alternative to redundancy rather than a simple change of contract.

Practical next steps:

1. Read through your employment contract and job description. Look specifically for any wording about changes to your duties or a flexibility clause.

2. Have an informal chat with your manager. Sometimes changes are proposed without employers realising how disruptive they are to the employee. Ask them to explain why the change is necessary and explain your concerns. You might be able to find a compromise that suits both of you.

3. Make your objections clear in writing. If you are forced to start doing the new duties to keep your job, make sure you put it in writing to your employer that you do not agree to the change and that you are working under protest. Include the date. If you just do the new job without complaining, the law might assume you have silently accepted the change.

4. Raise a formal grievance. If informal chats do not work, use your employer's official grievance procedure to complain about the forced change. This forces them to look at the issue formally, investigate, and give you a written response.

5. Contact Acas. Acas is the government backed employment dispute service. If the internal grievance does not resolve things, you can contact them for free help. They offer an Early Conciliation service, which tries to broker an agreement between you and your employer. This is completely free and is a required legal step if you ever decide you need to take the matter further to an employment tribunal.

Please let me know if you need help looking over your contract or drafting an email to your manager to express your concerns!