Backdating an employment contract

An unauthorised, one-sided variation is likely to be a breach of the contract of employment, and the fact that the employer has given you notice of the change will not make it lawful.However, if you put up with the change without protesting, there is a good chance that you will be viewed as having implicitly accepted the change, losing your right to object to it.For example, if a seller had sold his house in December then the seller could have taken advantage of certain tax benefits.However, he only realizes this in January and so wishes to backdate the document to December.The event did not happen during the time period required for the benefit so an attempt is being made to pretend that it did.This is a fraud on the tax authorities, a criminal offence and is likely to get the lawyer who prepared the document disciplined by his regulator and possibly also charged as a co-conspirator.Where the change involves removing a benefit, an employment tribunal is more likely to think your employer has acted fairly if it has offered something in return for the change, such as financial compensation, and given enough advance notice before the change takes effect so that employees can plan ahead.Your employer should not breach equality laws when changing contract terms.

There are a number of broader conditions that may affect your entitlements, including: It can be confusing to work out what you’re entitled to.However, resigning is clearly a very high-risk option, and usually only advisable when you already have another job to go to.Make sure you keep a copy of any contract you sign.You should consider regularly registering your opposition to the change (e.g.every month) and pursuing a claim in the employment tribunal for, say, unlawful deduction from wages.

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