What is a flexibility clause in employment contracts?

What is a flexibility clause in employment contracts?

Flexibility clauses are terms in a contract that give employers the right to change some conditions of employment, for example relocation. Employers can only use flexibility clauses to make reasonable changes.

What clauses should be in an employment contract?

These key clauses include:

• Overtime and Hours of Work. …
• Leave. …
• Expenses and Salary. …
• Work Health and Safety and Obligations. …
• Termination and Redundancy. …
• Restraint of Trade. …
• Confidentiality. …
• Intellectual Property.

What view do employment Tribunals generally take regarding flexibility clauses contained in employment contracts?

In the case of Norman and others v National Audit Office UKEAT/0276/14, the Employment Appeal Tribunal (“EAT”) confirmed that flexibility clauses in employment contracts which seek to give employers the right to make unilateral changes to the contract’s terms will be interpreted restrictively against employers.

Can my employer change my flexible working contract?

If you have a flexible working agreement in place, your employer can only change your flexible working agreement with your consent.

Can my employer change my job role without my consent?

Flexibility clauses allow an employer to change the duties of the job without the employee’s consent. These types of clauses can usually be found in a job description along the lines of “along with the main duties you will also be expected to carry out any other duties reasonably asked of you.”

Can my employer change my contract without my consent?

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).

What are the 4 types of employment contracts?

There are four main types of contract businesses use, these are permanent, fixed-term, casual and zero hour. The contract you receive is based on your employment status and is to be agreed with the employer to ensure both parties are happy with its terms.

What are the 3 types of employment contracts?

Types of Employment Contracts: Permanent employment, temporary employment and independent contractors.

What are the five aspects of the employment contract?

Top 5 aspects that should be included in your employment contract

• The nature and description of the job. As an employee you will be required to provide your services to the employer. …
• Remuneration and benefits. …
• Duration. …
• Leave. …
• Termination.

When can employment contracts be changed lawfully?

A contract between an employer and an employee or worker is a legally binding agreement. A contract can be agreed verbally or in writing. Any changes to the contract must be agreed by both the employer and employee or worker, or in some circumstances with a trade union or other employee representatives.

What is considered a change in working conditions?

Substantial change in working conditions means a material change that is significant in terms of amount, degree, or impact as opposed to a change that is relatively minor or trivial.

What are implied terms in an employment contract?

An implied term is a term that hasn’t been agreed expressly by either party, but that has been implied by the other terms of the contract. The terms are unwritten and are presumed to be agreed to. They’re non-verbal and unwritten but still legally binding.

What are examples of flexible work arrangements?

What are examples of flexible work arrangements?

• Flex time. …
• Reduced hours/Part-time. …
• Compressed work week. …
• Telework/Working Remotely/Telecommuting. …
• Job sharing. …
• Banking of Hours/ Annualized hours. …
• Gradual Retirement. …
• Leaves and Sabbaticals.

Can I refuse a flexible working request?

Your employer can turn down your flexible working request if there’s a valid business reason for doing so. By law, your employer can turn down your flexible working request if: it will cost too much. they cannot reorganise the work among other staff.

How long does a flexible working arrangement last?

The policy stated that approvals of flexible working hours were “for a maximum of 12 months“.

Can I be fired for refusing to do something not in my job description?

So, the short answer is, yes, your employer may assign you tasks not specifically outlined in your job description. Unless you work under a collective bargaining agreement or contract, your employer can legally change your duties. Let me offer more detail.

Can I be made redundant if my role still exists?

Although there are many reasons for legitimate redundancy, it’s illegal for you to be made redundant whilst your job still exists. Therefore, if you think someone else has taken your job after you’ve been made redundant, seek professional advice immediately.

What are reasonable changes to an employee’s role?

Reasonable changes to an employee’s role A change to staff duties must be considered ‘reasonable’ within the scope of their position. If the change is too drastic and ‘unreasonable’, it could be seen as a redundancy or termination. Reasonable changes are usually those that don’t alter the essential position.