Flexibility clause in employment contract

Need To Dismiss An Employee? Confused By TUPE Regulations? Can an employer use a flexibility clause? What is a flexibility clause? If a change is covered by a flexibility clause , it needs to be clear and specific about what can be changed.

For example, an employer might be considering a change to an employee’s place of work. If there is a flexibility clause in the contract that says the employee can be asked to work anywhere in the UK, the employer could change their place of work without needing to change the contract. Employers can only use flexibility clauses to make.

If a contract of employment contains a flexibility clause , does the employer have to consult with employees before it implements a variation to their terms and conditions? Yes, even where an employer has flexibility under the contract to vary a term or co. 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.

Either way, legal advice. 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. Some contracts of employment contain a variation clause that can allow your employer to make changes to your contract. 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. Therefore, the efficiencies of such flexibility depends on what is reasonable in the circumstances.

It is possible to introduce a clause in the employment contract which gives you a power to make changes to the contract should business circumstances dictate. Types of flexible employment contracts. As well as allowing your employees to work flexibly, you can also hire new employees on flexible employment contracts. Zero hour contracts. You don’t need to allocate a set amount of hours to people on a zero hour contract.

They have the right to decide whether they’ll do the work you offer. Employees should be given reasonable notice of any change under a flexibility clause. To avoid a breach of contract , the change should be made in accordance with the mechanism or process, if any, set out in the flexibility clause. Dealing with potential disputes.

As we mentione if you make changes to an employee’s contract without their. Employment contracts must include a place of work. For the employer, a mobility clause grants flexibility and allows them to demand that the employee change their location in order to work.

Top tips for reliance on flexibility clauses. However, such changes must be reasonable changes. Ensure that the clause is drafted in a way which makes it clear that the employer has the right to vary, without the consent of the employee. 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.

Although employment contracts are governed by contract law, there are many statutory rules which affect employment contracts too. This factsheet focuses on the contract of service, rather than a contract for services which might apply to a subcontractor or freelance worker, and so it doesn’t deal with self- employment or workers in any detail. Contract clause providing a specific power to vary the employee’s place of work.

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.