We have made changes to all employees’ terms and conditions of employment and have asked them to sign new contracts. Some of the contracts have not been signed. Do the new terms apply?

We have made changes to all employees’ terms and conditions of employment and have asked them to sign new contracts. Some of the contracts have not been signed. Do the new terms apply?

Having a signed employment contract is the only definitive way to prove that all of the changes have been accepted by your employees. If there is a dispute at a later stage, whilst it may be possible to say that the employee has implicitly agreed to the new terms given that they have continued to work for you, this is not the safest approach. Continuing to work does not necessarily show acceptance of all of the new terms, especially any new provisions which do not have immediate practical effect – for example restrictive covenants, which only operate when employment has ended.

You should always try to ensure that the contracts are signed and if an employee refuses or fails to do so, consult with our specialist employment solicitors who will be able to advise you on how to safely conclude the process, so that your new terms will be fully enforceable.

 

Disclaimer: This information is provided for general guidance only and is not intended to constitute legal advice. You must consult our employment solicitors if you require advice on your situation or circumstances.

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