Backdating an employment contract

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.

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.

A contract of employment is a legal agreement between the employer and the employee.

Its terms cannot lawfully be changed by the employer without agreement from the employee (either individually or through a recognised trade union).

every month) and pursuing a claim in the employment tribunal for, say, unlawful deduction from wages.

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.

Contact the Fair Work Infoline on 13 13 94 or Job Watch for more information about employment contracts.

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.

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