What is a flexibility clause in a contract?
What is a flexibility clause in a contract?
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.
Can employees be dismissed for refusing to accept new terms and conditions of employment?
If they refuse to sign up to the new contractual terms they will be dismissed for Some Other Substantial Reason (SOSR). You must be able to rely on a sound business reason for this dismissal — that the needs of your business outweigh any disadvantage to the two employees.
Can my employer make me transfer to another location?
In the employee’s Contract of Employment, there may be a clause which allows the employer to move the employee to another place. This is known as a mobility clause.
What is employment contract clause?
What is a clause in a contract? A clause is a specific section of a contract that lays out terms and conditions. When you’re writing a contract, you outline the terms of the contract as clauses. The Employment Rights Act 1996 states that employees should know of clauses in their contracts.
Can an employer change your hours of work?
If your contract is clear and says that your employer can make the specific change that they want to make e.g. to vary or reduce your hours, then your employer may be able to make the change without your agreement. Although you may still have rights to protest the change.
Can an employer Add duties without compensation?
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.
What are my rights if my employer wants to change my contract?
Your employer must behave reasonably when making changes to your contract terms, and must not leave an employee unable to perform the contract – for example, requiring an employee to relocate at extremely short notice with no payment of expenses.
Can my employer fire me for not signing a new contract?
Your employer cannot punish you for not signing a new employment agreement. They do not have the right to terminate you “for cause” if you fail to sign. If you are let go without cause, use the Severance Pay Calculator.
How much notice does an employer have to give to change contract?
Although not all changes of contract need to be set out in writing, you must give written notification within one month of any changes that relate to the employee’s main terms and conditions, such as working hours or job location.
How do I refuse a relocation?
First and foremost, thank the company for taking interest in you and offering you the opportunity to work for them. Tell the hiring manager that you’re grateful for the time spent working with you during the interview process, but that you’ve chosen to turn down the offer because you’re uncomfortable with relocating.
Can an employee refuse a transfer?
Refusal to transfer. An employee who refuses to be transferred, when such transfer is valid, is guilty of insubordination.
Can I refuse a job transfer?
When a person is an “at will employee” and refuses to transfer, it may result in a termination, unless the employer stated in a written contract that the employee’s position would not require a relocation. The employer will likely characterize it as an at-will quit or job abandonment depending on the circumstances.
What are the most important clauses in an employment contract?
The important clauses in a contract of employment are appointment, term of the employment, responsibility, remuneration, payment of salary, sickness and disability, termination, confidentiality, indemnification, notice, restrictive obligations, choice of law and jurisdiction.
What should be included in employment contract?
the employee’s or worker’s name, job title or a description of work and start date. how much and how often an employee or worker will get paid. hours and days of work and if and how they may vary (also if employees or workers will have to work Sundays, nights or overtime)
What should be the essential requirement of a contract between employer and employee?
Clearly defined job position and role. Company specific requirements and/or protections. Length of job and duration of schedule/work hours. Pay, compensation, & benefits.
Can I refuse to work weekends?
The legal test for a worker’s right to refuse a demand to work on a Sunday or work weekends is whether they have “reasonable” grounds. That definition can mean many things and it’s best to get legal advice for each particular case.
Do I need a new contract if my hours change?
If the company are making any other changes to your contract then they would need to consult with you, then cannot force contract changes on you. If you were not willing to agree any such changes then the company may require you to continue working under your current contract, and as such, under your current hours.