Can My Employer Change My Contract Without My Consent?
Your employer has handed you a new contract with worse terms and said sign it or you're out. Here is where you actually stand.
← Back to Blog · Employment · Published 8 September 2026 · Directed and published by Matt Thompson, founder of UK Work Rights
This is free rights guidance, not legal advice. Every statutory figure here is checked against a primary source — see our Editorial & Verification Policy.
The short answer
Your contract is an agreement between two parties. As a rule, an employer cannot simply rewrite it because it wants to. Changing terms normally requires your agreement.
What some employers do instead is dismiss you from the old contract and offer re-engagement on the new one. That is "fire and rehire", and it is the route round the consent problem. It is not automatically unlawful — but it is a dismissal, and dismissals have rules.
The three routes an employer might try
- Agreement. They ask, you say yes. Clean, and the most common.
- A flexibility clause. Some contracts allow certain variations. These are read narrowly by tribunals — a clause allowing a change of duties does not usually allow a cut to your pay.
- Dismissal and re-engagement. Fire and rehire. This is a genuine dismissal in law, which means unfair dismissal protection and, above a certain scale, collective consultation duties.
If you just carry on working, you may be taken to have agreed
This is the trap. If your employer imposes a change and you keep working under the new terms without objecting, you can be treated as having accepted it by conduct — particularly for changes that show up immediately, like a pay cut.
If you do not accept a change, say so in writing, promptly, and keep working "under protest" if you can afford to. That phrase matters. It preserves your position while you take advice.
Collective consultation — and the penalty that doubled
Where an employer proposes to dismiss and re-engage 20 or more employees at one establishment within 90 days, collective consultation duties are triggered. Minimum periods are 30 days for 20–99 employees and 45 days for 100 or more, and consultation must begin in good time before the first dismissal takes effect.
If they fail, a tribunal can make a protective award. From 6 April 2026 the maximum rose from 90 days to 180 days' gross pay. That is a substantial change and a serious deterrent — and it is calculated on gross pay with no statutory weekly cap.
What makes a fire-and-rehire dismissal unfair
The employer has to show a fair reason and that it acted reasonably. Tribunals look at whether there was a genuine, pressing business need, whether alternatives were explored, whether individual and collective consultation happened properly, and whether the change was imposed as a first resort rather than a last one.
"We wanted to reduce costs" is not automatically enough on its own, particularly where the process was rushed or the consultation was a formality.
Time limits
If you are dismissed, the unfair dismissal clock starts at the dismissal. Currently 3 months less 1 day; from 1 October 2026, 6 months less 1 day, depending on when the act complained of falls.
Notify ACAS first — Early Conciliation is mandatory and can run up to 12 weeks. Confirm your deadline with ACAS on 0300 123 1100.
What to do now
- Do not sign immediately because you feel rushed. Ask for time to consider and take advice.
- Object in writing if you do not agree, and keep a copy.
- Ask what the business reason is and ask for it in writing.
- Ask how many people are affected. If it is 20 or more, collective consultation duties may apply and that changes the picture significantly.
- Speak to your union if you have one.
Check your own situation free
Every situation turns on its own facts. These free tools use the same verified figures as this article: