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Contracts and change

When a healthcare employer changes your contract

A new rota, a new base or a pay change: what your employer can and cannot impose.

By , Editor Updated How we check sources

Where this applies

This guide covers England, Wales and Scotland. The statutory Code of Practice on dismissal and re-engagement applies in Great Britain only. Northern Ireland has its own law and guidance, so check with the Labour Relations Agency (opens another website) or nidirect (opens another website).

Short answer

Your employer usually needs your agreement to change your contract. A flexibility clause allows some changes without fresh agreement, but only reasonable ones. If your employer imposes a change you do not accept, you can say in writing you are working under protest, raise a grievance and get advice.

If an employer threatens to dismiss staff and rehire them on new terms, the statutory Code of Practice on dismissal and re-engagement applies. Unreasonable failure to follow the Code can increase tribunal compensation by up to 25%.

Key facts

Agreement
Changes usually need agreement from both sides (GOV.UK, Acas).
Written notice of changes
Your employer must tell you in writing exactly what has changed within one month of the change (GOV.UK).
Silence
Working under new terms without objecting may be taken as agreement.
Fire and rehire Code
In force since 18 July 2024 in Great Britain. Up to 25% uplift on compensation for unreasonable failure to follow the Code.
Planned reform
The Employment Rights Act 2025 adds further limits on fire and rehire. The government's timetable puts these in 2027. They are not yet in force.

How a contract can change

Your contract includes your written statement, offer letter, any collective agreement with a union, and some terms implied by custom and practice. Acas says a contract can change in these ways:

  • by agreement between you and your employer
  • through a collective agreement, where a union negotiates changes for staff covered by the agreement
  • under a flexibility or variation clause already in your contract

GOV.UK says your employer must write to you within a month to tell you exactly what has changed. For NHS staff on national terms, many changes come through national agreements, such as Agenda for Change, negotiated with unions.

Flexibility clauses

A flexibility clause lets your employer change some terms without asking again. GOV.UK says employers can use these clauses only for reasonable changes. Its example: an employer cannot use a flexibility clause to move someone abroad on one week's notice.

Read the clause closely. A clause allowing "reasonable changes to working hours" does not cover a pay cut. A mobility clause covering "sites within the trust" does not reach a site run by a different employer.

How to respond to a change you do not accept

GOV.UK warns not objecting to new terms may be taken as agreement. If you disagree, act early.

  1. Ask for the proposal, the reason, the start date and the contract clause relied on, in writing.
  2. Compare the proposal with your current contract and your real working pattern.
  3. Write down the practical effect: travel time, childcare, sleep between shifts, lost pay.
  4. Reply in writing. Say you do not agree and, if you work the new pattern, say you are working under protest.
  5. Raise a formal grievance under your employer's procedure.
  6. Get advice before the change takes effect.

GOV.UK sets out further options: a breach of contract claim, or in serious cases resigning and claiming constructive dismissal. Both carry risk. Do not resign without advice. For most problems on or after 1 October 2026, the employment tribunal time limit is six months less one day, or three months less one day for earlier problems. You must contact Acas for early conciliation first. Our tribunal deadlines guide explains the timing.

Fire and rehire

Fire and rehire means dismissing staff and offering to re-employ them on new terms. Acas says employers should avoid the practice. The Code of Practice on dismissal and re-engagement (opens another website) has applied in Great Britain since 18 July 2024. The Code expects an employer to:

  • explore alternatives and consult in good faith with staff and unions
  • share information so staff understand the reasons
  • raise dismissal only after reasonable consultation, never as an early negotiating tactic
  • treat dismissal and re-engagement as a last resort

A tribunal can increase compensation by up to 25% if the employer unreasonably failed to follow the Code. If an employer proposes to dismiss 20 or more employees at one establishment within 90 days, including to rehire them on new terms, collective consultation duties also apply.

The Employment Rights Act 2025, which became law in December 2025, adds stronger protection against dismissal for refusing certain contract changes. The government plans to bring this in during 2027 and is still consulting on which terms the protection covers. Until then, the Code is the main rule.

Sunday working, TUPE and caring duties

  • Sunday working: shop workers in England and Wales, which includes many community pharmacy staff, have a legal right to opt out of Sunday work. See GOV.UK: Sunday working (opens another website).
  • TUPE: if your service moves to a new provider, such as a GP practice merger or a pharmacy sale, changes made because of the transfer are generally void. Get advice on any new contract offered after a transfer.
  • Caring duties: a rota change which hits parents or carers harder than others may raise discrimination issues. See our guide to caring responsibilities.

A hospital pharmacy example

Say a hospital pharmacy team is told a seven-day rota will start next month, with weekend shifts for all band 6 pharmacists. The email says the contract "allows the change". One pharmacist asks for the clause in writing. The contract allows reasonable changes to hours "after consultation". The pharmacist asks the union rep to raise the lack of consultation and sends a written note of the childcare impact before the start date.

Questions to ask an adviser

  • Is this a change needing my agreement, or an instruction under an existing clause?
  • Is the flexibility clause wide enough to cover this change?
  • What happens if I refuse to sign the new terms?
  • Has my employer followed the dismissal and re-engagement Code?
  • What are the risks of working under protest compared with resigning?

Where to get advice

  • Acas helpline: call 0300 123 1100. See our Acas guide.
  • Your union or professional body: for staff on collective terms, your union rep is often the first contact. The BMA, the RCN and the PDA advise members on contract changes.
  • Citizens Advice: help if you have no union. See Citizens Advice for work problems.
  • An employment solicitor: for a fire and rehire threat or a possible constructive dismissal.

Common questions

Can my employer change my contract without my agreement?

Usually not. Changes normally need agreement, unless a flexibility clause in your contract covers a reasonable change. A union can also agree changes through a collective agreement.

What does working under protest mean?

You tell your employer in writing you do not accept the change but will work the new terms while you dispute them. Without a written objection, your employer may treat you as having agreed.

Is fire and rehire legal in the UK?

Fire and rehire is not banned. Employers in Great Britain must follow the statutory Code of Practice, and a tribunal can raise compensation by up to 25% for unreasonable failure. Further limits under the Employment Rights Act 2025 are planned for 2027.

How long does my employer have to confirm a contract change?

GOV.UK says your employer must write to you within a month of the change to tell you exactly what has changed.