What is a flexibility contract?

What is a flexibility contract?

If your employer agrees to your flexible working request, it will mean a permanent change to your contract. You can both agree a trial period to make sure the new arrangements work. If you don’t want to make a permanent change to your contract, you might be able to agree a temporary change with your employer.

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.

What are mobility clauses?

A mobility clause in an employment contract is a provision that requires the relevant employee to relocate if required to do so by their employer. This may be due to the closure of an office or workplace or a change in the work carried out at a particular location or for another reason.

How much notice does my employer have to give to change my contract?

Where changes are made to your contract, employers must give you written notification of the change within four weeks.

Why is flexible working Important?

Flexible working can also reduce absence rates and allows employees to manage disability and long-term health conditions, as well as supporting their mental health and stress, as shown in our Health and wellbeing at work survey.

What are the advantages and disadvantages of flexible working arrangements?

Advantages and disadvantages of flexible working

• Flexible working often means working from home. …
• Blurring the home / work balance. …
• Procrastination. …
• Communication difficulties. …
• Flexible working requests can cause employee isolation. …
• Reduced benefits. …
• Possible lack of career progression. …
• Being sidelined.

What is the purpose of a contract of employment?

An employment contract is a legally binding agreement between two parties, the employer and the employee, and is designed to give both parties security and protection.

Can an employment contract be changed unilaterally?

Unilateral variation In circumstances where employers have not managed to agree a change with employees, they might choose to unilaterally push through the change. This action constitutes a breach of contract, but, depending on the nature of the change, may not have significant legal consequences.

Can an employer change his employee’s terms and conditions of work in the course of his employment?

Employers cannot make changes without the employee’s consent. If the terms and conditions of an employment contract need to be changed, both employers and employees should negotiate and try to reach an acceptable agreement, taking into consideration business needs and the employee’s concerns.

Are mobility clauses enforceable?

A well-drafted mobility clause that reasonably considers likely business needs and the employee’s role has a good chance of being enforceable. It gives you more certainty and control over your workforce and where you can require them to work.

Can a mobility clause be implied into employment contract?

However, in order to maintain a degree of flexibility to allow for circumstances whereby it may be necessary to require employees to move from one location to another, relocation or mobility clauses are typically incorporated into employment contracts.

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.

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 change my flexible working agreement?

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

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.

What are the benefits of flexible working hours?

The benefits of flexible working and remote working

• Increased productivity. …
• Reduces stress and burnout. …
• Promotes a healthy work-life balance. …
• Better job satisfaction. …
• Flexible working attracts top talent.

Why do you need a flexible work schedule policy?

Utilizing a flexible work schedule policy allows employees to modify their arrival and departure times, how long they work, or from where they work. It essentially operates as an alternative to the standard nine to five, 40-hour work week.

How important is flexible working for employee motivation?

Research by Petak and Miller (2019) also highlights that flexibility increases motivation levels, which in term heightens both motivation and organizational productivity. Their research points out that flex time’s alternative work arrangement increases employees’ motivation levels (p 410).