okay changing a contract of employment in Ireland many small business owners
currently need to try to change the contracts of employment that they have
in place for various employees for various reasons primarily because of the
downturn in the economy and the need to try to reduce costs as much as possible
the principal or cardinal rule did you must bear in mind as an employer is that
the contract of employment is like any other contract it cannot be changed
unilaterally in other words you cannot simply impose changes on your employee
agreement of both parties is absolutely vital it's important to recognize though
whether you're looking to change your work practice or change a fundamental
term of the employment contract were classic practice change is permissible
however in Ireland is actually difficult very difficult to get a clear definition
of what is a considered to be a work practice or work practice change first
as a change of a term of the contract and a lot of these cases tend to be
decided on the particular facts of the cases most contracts will also contain a
contractual right to vary the contract however this right can only be exercised
by the employer reasonably the test is really whether the change that's being
sought is reasonable unnecessary for the business the role of trade unions then
in terms of changing contracts well trade unions can negotiate change on
behalf of their members and those changes will be and will be impactful
and we'll have necessary effect as it were on members however if employees
have made clear beforehand that they will not be bound by the change that
they are not happy to be represented by the unions in the negotiation then they
won't be bound another important aspect of a changing a
contract is to do with the employee and whether he or she cooperates or
acquiescence there's a big difference an employee can be held to have acquiesced
to the change in the contract if he or she does not object the change however
he or she could also argue that they were merely being cooperative in which
case the employee may win I in dispute that arises then so from an employer's
perspective the important thing is that you give notice beforehand of any
proposed change to the employee there are many many problems that can occur
for employers in Ireland the employment law legislation is quite extensive and
it's quite dense and impenetrable in many ways as an employee can be caught
badly by claims from employees under various pieces of legislation or you can
fall foul of nearer inspections I've done up a free employment law report on
my website business and legal donna e it's called 16 costly employment law
mistakes most businesses make and it will give you a very very good steer
into the seven fundamental areas that you really need to address if you're not
to fall foul of either your employees or nearer the report is free there's no
obligation whatsoever as if any queries then above employment contracts start
handbooks disciplinary procedures grievance procedures around the other
necessary documentation that you need you can contact me through the email
info business and legal that I II thank you for watching