When an employment contract says you may be expected to carry out other ‘reasonable’ duties that are asked of you besides those associated with your main duties it is known as a ‘flexibility clause’. The inclusion of a flexibility clause in your contract may enable the duties of your role to be changed within reason. One of the key points we focused on in drafting contracts of employment was the need to provide for a flexibility and mobility type clause , permitting the employer to reasonably re-assign employees to other locations, duties, roles or reporting lines. Flexibility clauses can be specific such as dealing with defined issues, such as working hours, or be used more generally to change a contract in ways an employer may not have predicted.
An employer may not vary the terms of a contract without the consent of an employee. What is a flexibility clause? Can an employer use a flexibility clause?
Yes, even where an employer has flexibility under the contract to vary a term or condition unilaterally , it must act reasonably in doing so and exercise its discretion in a way that does not breach the implied term of mutual trust and confidence between the employer and the employee. This will include consulting the employee. The general rule with any contract is that a change to the terms can only be effective when it is agreed by both parties, and that is still the case with employment contracts. Employment contracts must include a place of work. IntroductionA truly flexible work environment balances the needs of the individual and the operational needs of the work unit , department or school.
Harvard University is a diverse institution where a wide variety of activities support its teaching and research. In order to support the many diverse activities of the University, a high degree of flexibility for supervisors and for employees is required. Flexibility clauses are terms in a contract that give employers the right to change some conditions of employment , for example relocation. An employer can force a new contract on employees , although this should be a last resort and could lead to legal action. Employers can only use flexibility clauses to make.
Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now! The terms of the employment contract can only be varied with the consent of both parties. Hence, a variation cannot be imposed unilaterally.
To do so can amount to a repudiation of the contract entitling the employee to resign and claim that he has been constructively dismissed. Your employment contracts may include flexibility clauses , which give employers the right to change some conditions of employment. For example, your flexibility clause may involve relocation, whereby you may ask employees to work shifts at nearby branches of your shops if required. Examples of this might be found in a duties clause which is very broa or a place of work clause which requires a certain level of mobility from the employee.
There might be flexibility in the contract of employment. Many employers write flexibility into their employment contracts at the outset, to give themselves the discretion to make changes later, without having to get agreement. A common example of a clause providing flexibility is a mobility clause , which requires employees to move their. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3. Some contracts of employment contain a variation clause that can allow your employer to make changes to your contract.
These are express terms in a contract which can enable employees to make changes to an employee’s terms and conditions. Before making any changes to a contract , check whether there is a flexibility clause within the contract which enables you to make the change without consent. Why would an employer want to include a mobility clause in the contract of employment? Under variation clause employment law, an employment tribunal is more likely to allow a variation of an employment contract where the term in use to achieve this specifies which terms it applies to (rather than a general provision allowing the employer to vary any term).
Some flexible clauses are vague in order to give the employer more flexibility , so make sure you completely understand it before you accept the terms. However, where a mobility clause is included in the employment contract , the employee may already be deemed to have consented to such a variation, subject to certain requirements. A mobility clause in a contract of employment provides flexibility and permits the employer to demand that the employee moves to a different location to work.
A mobility clause can also require an employee to move within certain limits, for example to any of the employer’s sites within miles of the current workplace’ or to locate elsewhere within the UK. These employment contracts usually contain, among other terms, an arbitration clause. This clause precludes an employee from suing the employer in court for wrongful termination of employment , discrimination or any other violation under the agreement. This model clause may be inserted into an employment contract between the employer and a non-unionized employee.
An enterprise agreement must contain a term that allows an employee and their employer to make an individual flexibility agreement (IFA) which varies the effect of terms of the agreement in order to meet the genuine needs of the employer and the individual employee. T This is known as a flexibility term. Negotiate to reach agreement with all employees.
If the contract does not give the flexibility to make unilateral changes to employees’ contracts, it is necessary to get agreement to the change, or risk being in breach of contract. The parties should remember that once a contract is reopene they bargain as though there is no agreement in place. Non-disclosure agreement (NDA). An NDA is an agreement that you will not disclose certain information considered confidential. Arbitration agreement.
A variation clause in employment law is a section of an employment contract that allows you to make changes if there is a good reason for doing so. This contract is intended for junior staff, including clerical, manual and secretarial staff. If you want to make a change to an employee’s contract , you might want to use this type of clause.
Often, an employee will have to sign a separate NCC, but it might also be included in the employment contract.