Changing employee duties may be necessary when a business grows, restructures, changes its services or needs employees to work in a different way.
Employers often need flexibility. A role may evolve over time, new tasks may be added, reporting lines may change, or an employee may be asked to support a different team. Some changes are minor and manageable. Others may affect the nature of the job so much that they become a contractual issue.
Employers should not assume they can change duties without risk. The safer approach is to check the contract, consider how significant the change is, consult where needed and record any agreed changes clearly.
Why employers may need to change duties
There are many reasons why an employer may consider changing employee duties. The business may be responding to new customer needs, reduced demand, staff absence, new technology, a restructure, cost pressures or changes in management.
Changing duties can also be useful where an employee’s existing role has become too narrow or where the business needs more flexibility across teams.
In many workplaces, job roles naturally evolve. However, a natural development of the role is different from a substantial change that alters the employee’s main responsibilities, seniority, working pattern or status.
Check the contract before changing employee duties
Before changing employee duties, employers should review the written contract, offer letter, job description and any relevant policies.
The contract may include wording that allows reasonable changes to duties, reporting lines or responsibilities. It may also contain a flexibility clause requiring the employee to perform duties reasonably required by the employer.
However, flexibility wording is not unlimited. If the proposed change is significant, the employer should not rely on a general clause without considering whether the change is reasonable and whether consultation is needed.
Employers reviewing the contractual position may need practical help with contracts of employment.
Is the change minor or substantial?
Not every change to duties needs a formal contract variation. A minor adjustment to tasks may fall within the normal management of the role.
For example, asking an administrator to use a new software system, or asking a supervisor to attend a different weekly meeting, may be a normal operational instruction.
A more substantial change may include:
- removing core duties from the role
- adding significantly different responsibilities
- changing the employee’s seniority or status
- moving the employee into a different department
- changing line management responsibilities
- requiring specialist skills not previously needed
- changing duties in a way that affects pay, hours or location
The more significant the change, the greater the need for consultation, agreement and written confirmation.
Consult before significantly changing employee duties
Consultation is important where the change affects the employee in a meaningful way. Employers should explain what change is proposed, why it is needed, when it would start and how the employee would be affected.
Consultation should give the employee a real opportunity to ask questions and raise concerns. It should not simply be a meeting to announce a decision that has already been made.
Acas guidance says employers should fully consult with all affected employees and any relevant employee representatives when proposing employment contract changes.
Good consultation can help the employer identify practical problems, consider alternatives and reduce the risk of grievances or claims.
Consider pay, hours and status when changing employee duties
Changing duties may affect other terms. A change in responsibilities may raise questions about pay, bonus, commission, working hours, job title, seniority or management status.
If the employee is being asked to take on more responsibility, the employer should consider whether pay or benefits should change. If responsibilities are being reduced, the employer should consider whether the employee may see the change as a demotion.
Employers should also think about whether the proposed duties match the employee’s skills, experience and training. A change that looks straightforward on paper may not be reasonable without proper support.
Discrimination and reasonable adjustment risks
Employers should consider whether changing employee duties could create discrimination risks. A change may affect employees differently depending on disability, pregnancy, maternity, caring responsibilities, age, religion or other protected characteristics.
For example, new duties may be difficult for an employee with a disability. A change in physical tasks, travel, working pattern or customer-facing duties may create problems that need careful consideration.
If an employee raises health concerns, the employer should consider medical evidence, occupational health input where appropriate and possible reasonable adjustments.
What if the employee objects?
If an employee objects to changed duties, the employer should not immediately treat the objection as misconduct. The first step is to understand why the employee is refusing or concerned.
The employee may believe the change is outside their contract, too significant, unsafe, discriminatory, unreasonable or damaging to their status.
The employer should review the contract, the business reason, the consultation process and any alternatives. If agreement cannot be reached, further advice should be taken before imposing the change or considering dismissal and re-engagement.
Record agreed changes clearly
Where duties are changed by agreement, the employer should record the change in writing. This may be done by letter, email, updated job description, contract variation letter or updated contract.
The written record should explain:
- which duties are changing
- when the change starts
- whether the change is temporary or permanent
- whether pay, hours or job title are affected
- whether training or support will be provided
- whether there will be a review period
- which other terms remain unchanged
Clear written confirmation helps prevent future disputes about what was agreed.
Temporarily changing employee duties and trial periods
Sometimes employers may want to change duties temporarily. This may happen because of staff absence, a short-term project, seasonal demand or a trial of a new working arrangement.
Temporary changes should still be recorded clearly. The employer should say when the arrangement starts, how long it is expected to last, whether it will be reviewed and what happens at the end.
Without clear wording, a temporary change may later be argued to have become permanent.
Practical checklist for employers
Before changing employee duties, employers should ask:
- Does the contract allow the proposed change?
- Is the change minor or substantial?
- Has the business reason been explained?
- Has the employee been consulted?
- Could pay, hours, status or job title be affected?
- Are training or support needed?
- Are there discrimination or health concerns?
- Has the employee agreed?
- Has the change been recorded in writing?
- Should advice be taken before imposing the change?
Getting duty changes right
Changing employee duties can be a sensible and necessary business step, but it should be handled carefully. Employers should distinguish between ordinary day-to-day flexibility and a significant change to the employee’s role.
The safest approach is to check the contract, consult properly, consider the practical impact and record agreed changes clearly.
Employers Law helps employers with changing duties, contract variations and workplace restructuring. If you are changing roles or responsibilities, early advice can reduce the risk of disputes.
For practical help changing employee terms, visit our changing contracts of employment page. For wider support, Employers Law also provides free employment law advice for employers across a full range of workplace issues.