June 4, 2023


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Can I change a contract with an employee from full time to part-time? – Contract of Employment

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As an employer, you have probable utilized work contracts to&#13
take care of your personnel. An work agreement or deal defines the&#13
legal rights and obligations of each individual social gathering within just the employment&#13
marriage. This agreement will commonly established out an&#13
employee’s doing the job hrs, responsibilities, and entitlements. Furthermore,&#13
it will classify an worker as total time, component-time or casual. You&#13
may possibly sometimes desire to change your employee’s classification or&#13
other specifics contained inside of their employment arrangement. This&#13
report will talk about how and when you can change an employee’s&#13
contract classification from comprehensive time to section-time.

Why Adjust an Employee’s Agreement

You may possibly want to adjust your employee’s deal for numerous&#13
motives. Most likely there has been a downturn in trade, the purpose&#13
calls for larger flexibility, or the small business is restructuring.&#13
What ever the reason, make guaranteed you know your &#13
obligations as an employer

The Typical Rule

Commonly, you simply cannot improve an employee’s contract without&#13
their consent. At the quite the very least, you will have to provide them with prior&#13
discover of the proposed variations. This is specially genuine in circumstances&#13
the place you are making an attempt to transform a basic expression of the&#13
employment deal, this sort of as the employee’s classification from&#13
whole time to element-time.

Changing a Deal With the Employee’s Consent

Modifying a elementary time period of the contract effectively generates&#13
a new contract among you and your worker. Thus, it is up&#13
to them whether they choose to accept the new agreement. If your&#13
worker consents to the change in classification from full time to&#13
element-time, the changeover is very simple.

As pointed out, changing an employee’s classification from full time&#13
to aspect-time
is a improve to a elementary term of the&#13
employment agreement. This will consequence in a termination of the outdated&#13
settlement. Then, you and your personnel must enter into a new&#13

It is encouraged that all work agreements are designed in&#13
composing and equally parties indication it.

Usually, you will need to have to fork out out your &#13
employee’s accrued entitlements
(these as annual or prolonged&#13
company depart). Having said that, these entitlements may perhaps transfer about to&#13
the new settlement by mutual consent. As a section-time staff&#13
receives the same entitlements as a total-time personnel, your&#13
staff will continue on to accrue their entitlements on a pro-rata&#13

Modifying a Deal Devoid of the Employee’s Consent

Your employee may not consent to the change. So, unilaterally&#13
altering their agreement might consequence in a breach of the work&#13
deal and depart you open up to an &#13
unfair dismissal declare

If you want to unilaterally transform the conditions and disorders of&#13
the work connection, you may will need to be geared up to make&#13
the employee’s latest role redundant. In accomplishing so, you have to have to&#13
make certain that the redundancy is a ‘genuine redundancy’, and&#13
that you comply with the correct course of action. Once more, this is to keep away from&#13
opportunity unfair dismissal statements from the staff.

You can then supply the worker the choice to consider on a new part&#13
in a element-time capability or redeploy them to a distinct role in&#13
the small business. Ought to the employee determine not to settle for this, you&#13
will be required to make a redundancy&#13
in addition to paying out the employee’s&#13

Genuine Redundancy

For a redundancy to be genuine, the part will have to no more time need to&#13
be executed. In addition, you need to have adopted any consultation&#13
necessities contained in the employee’s award or business&#13
arrangement prior to effecting the redundancy.

Importantly, a courtroom will not locate a redundancy to have been&#13
legitimate if you could have fairly given your staff yet another&#13
occupation in just the organisation.

When You Simply cannot Adjust an Employee’s Agreement

Underneath the legislation, you are not able to modify an employee’s contract:


  • for a discriminatory reason
  • &#13

  • simply because the personnel has exercised a place of work appropriate or
  • &#13

  • for an additional cause safeguarded by legislation.
  • &#13

Working out a office right contains producing a criticism,&#13
inquiry or taking part in proceedings with a governing body.&#13
Underneath workplace law, these actions are permitted.

Other explanations secured by legislation involve the suitable to be involved&#13
with an industrial association and participate in industrial&#13
action. If you change an employee’s deal for one particular of these&#13
reasons, you may be liable for unfair dismissal or a common&#13
protections assert.

Important Takeaways

Transforming a agreement from entire time to aspect-time usually&#13
final results in a termination of the unique agreement. Subsequent, the&#13
parties enter into a new agreement. As an employer, you can only&#13
change your employee’s contract from total time to component-time,&#13
subject to specified ailments.

If the personnel does not consent to the alter, you cannot&#13
modify the contract. If you want to progress with a unilateral&#13
change to the employee’s agreement, you should be organized to&#13
offer you the worker a redundancy offer. Notably, the redundancy&#13
should be real. If not, you could leave your self open up to a&#13
likely unfair dismissal claim from the employee.

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Labour employ the service of agreements

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Businesses could enter into labour employ agreements for the provision of personnel for a precise job or ongoing functionality.


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