Everyone
The basics of workplace change
Employers making workplace changes that could affect employees’ jobs must have genuine business reasons, consult with their employees, and follow a fair and reasonable process.
What is workplace change?
Making changes that could affect employees’ jobs, for example, creating new roles, disestablishing existing roles, or changing employees’ duties. Also see ‘Restructuring’. Making changes that could affect employees’ jobs. Generally, a restructure occurs when an employer sells, transfers, or contracts out part of, or all its business. Employees in specified sectors (like cleaning or security) have extra rights in a restructure.
- changing an employee’s duties
- disestablishing roles
- creating new roles
- decreasing the number of employees
- merging roles
- a combination of these.
It’s important that employers look at their workplace policies and the A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement.
Employers who follow a careful change process will reduce the risk of claims of:
- breaches of
good faith An underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way.
- unjustifiable disadvantage
- unjustifiable
dismissal .When an employer removes an employee from their job, for example, as a result of misconduct or redundancy.
Business selling or transferring assets
If a change is happening because a business is selling or transferring its assets, see:
Restructuring when a business is sold or transferred
Business sold or going into receivership
If a change is happening because a business is being sold or going into receivership or liquidation, see:
Employer must have genuine business reasons
Employers must show that a proposed workplace change is for genuine business reasons.
Examples of genuine business reasons include:
- improved technology
- more productive business processes
- product changes
- loss of suppliers or markets
- shifts in customer or market requirements
- financial reasons.
Employers should document their reasons for proposing change that could affect an employee’s job. They should share these reasons with potentially affected employees so that those employees can comment on the proposed change before any decision is made.
Employer must consult with employees
Employers must consult with the affected employees about the proposed changes. This means:
- giving employees who are likely to be affected information about the reason for the change
- giving employees a reasonable time to respond and comment, including suggesting other options
- taking employees’ feedback into account before making a final decision about the workplace changes.
For more information about consultation, see:
Who are affected employees?
Affected employees are employees whose jobs could be affected or impacted by the proposed changes. An employee might be impacted if, for example, the changes could:
- change their duties or their place of employment
- disestablish their role
- create new roles that could impact on their current role
- decrease the number of employees doing the same role as the employee
- merge their role with another role.
Fixed-term employees
Fixed-term employees are not usually included as affected employees in a workplace change.
If the change means that their Employment that ends on a specified date or when a particular event occurs, for example, covering for parental leave or seasonal work like fruit-picking.
Casual employees
Casual employees are not usually included as affected employees in a workplace change. This is because a casual employee can accept or decline the work they’re offered, and their employer is not obliged to offer work on an ongoing basis.
Independent contractors
Independent contractors are not included as affected people in a workplace change.
If the change means that their contract will end early (before the date it was due to end), any terms in the contract about early termination must be complied with.
Employer must follow a fair and reasonable selection process
Employers must make sure employees are selected for roles in a fair and reasonable way during workplace change.
For more information about selection, see:
Protection and disclosure of information
Employers must comply with the Privacy Act 2000 and Privacy Principles, and the Employment Relations Act 2000 during workplace change. This means:
- providing employees with the information they need to participate in the process, and
- protecting employees’ personal information.
If the change proposal might affect an employee’s job, that employee is entitled to all the information their employer holds about them.
An employer does not have to give an affected employee confidential information about another person if that would unnecessarily disclose the other person’s affairs.
Employers do not have to disclose confidential information if there is good reason to maintain the confidentiality of that information. Good reasons include:
- complying with legal requirements to maintain confidentiality
- protecting the privacy of individuals
- protecting the commercial position of an organisation.