In the event of a proposal to change terms and conditions, what is acceptable wording to put to staff. In other words, should staff be asked to accept or reject any proposed change? If staff do not indicate whether or not they accept or reject the change, can an employer inform them that their silence will be treated as an acceptance of the proposed change?

As a matter of contract law, any material change to employees’ terms and conditions of employment requires their consent. The nature of the proposed change to terms and conditions of employment and the background contractual documentation will be relevant to determining whether or not consent is required and to the manner in which such consent should be sought.

Depending on the nature of the change which is proposed and the underlying contractual documentation, it may not be necessary to obtain employees’ consent and the employer may be able to rely on a contractual right to vary terms and conditions set out in employees’ contracts or the staff handbook. However, if staff are being asked to