If your employer violates the contract, you can claim damages from your employer. You can do this while staying in the job. If the violation is fundamental to your contractual rights, you can also assume that you have effectively rejected and claimed damages for unlawful termination. You can also resign and request constructive termination. If there is no mobility clause in your employment contract, your employer should usually contact you and obtain your consent to change your terms and conditions. If you are satisfied with the change and the help your employer can put in place, then you can accept it. However, if there is a good reason not to want to work indefinitely at home, then you have several options. First, you can try to discuss the issue with your employer to see if you can resolve the issue informally, and if that is not possible, you can file a formal complaint. You may also refuse to accept the change in your terms and work in protest, although this is often not wise, since you may be considered accepted later. If the job offer was subject to conditions – such as satisfactory references or the existence of a test – and you did not meet the requirements, there is nothing you can do. That is because there is no employment contract – there is only a conditional offer. If you think you have an oral contract with a person or company, then you must provide your lawyer with as much evidence regarding the transaction as you can find.
Emails and texts that refer to the agreement reached, account statements showing payment – they can help your lawyer build a case on solid foundations. If you have a witness to the agreement, make sure you receive a written statement from them. Under UK law, oral contracts are compulsory when two or more parties agree on the services to be provided and on the remuneration of these services. However, oral contracts do not apply to certain types of agreements that require specific and detailed conditions. For example, written contracts are required for real estate purchase or lease agreements, consumer credit contracts and the transfer or licensing of intellectual property rights. All contracts, including a guarantee, must also be written down to be valid and legally binding. Oral contracts are common for independents, with transactions often made over the phone or with a handshake over a cup of coffee. However, oral contracts can be problematic if agreements fail or there are random problems. This can lead to litigation that can damage your reputation and that of your business, and it can even lead to litigation. Unlike written contracts, oral agreements are much more complex to prove them, so it is a good idea to seek advice.
You may think that an agreement has been reached, when the other side may have just thought it was an option for the future. If you do not accept the new change in conditions, your employer may decide to fire you and offer the job again on new terms. However, there is a great risk in this area, as your employer would be denied the right to a breach of contract or an unjustified termination (especially if the correct procedure has not been followed). In accordance with Regulation 8 of 2002 on the fixed-term contract scheme (prevention of unfavourable treatment), your employment becomes permanent and permanent renewals have no effect (unless they can be objectively justified).