, Providing practical solutions for business, Latest information in Employment Legislation, Reducing the cost of dealing with employment issues. They may try and use a general variation term to change your job description but they're unlikely to be able to rely on a variation term in making changes that will significantly disadvantage you, such as taking overtime away from you or reducing your number of working hours. Secondly, check your employment contract to see if there is a general variation term. For example, your flexibility clause may involve relocation, whereby you may ask employees to work shifts at nearby branches of your shops if required. For the employer, a mobility clause grants flexibility and allows them to demand that the employee change their location in order to work. If there is a flexibility or variation term in your contract then that doesn't mean you can't challenge any changes to your contract that your employer wishes to make. 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. Slater and Gordon UK Limited is a company registered in England and Wales with registration number 07931918, VAT 125 446 327 and registered office 58 Mosley Street, Manchester M2 3HZ. 0330 107 5052, If the wording of your contract already allows your employer to make the changes to your role, If your contract includes a specific flexibility clause relating to your job title and role which allows your employer to make changes, If your contract includes a general right to make changes to your terms (known as a variation term). Individual clauses in the employment contract may be drafted so as to allow you a certain degree of latitude or discretion should the need arise during the course of employment. An important starting point is to look at the employee’s contract of employment to see if there is a flexibility or mobility clause that is applicable. staff . First of all - check your contract. What will the office Christmas party look like this year – some top tips. Flexibility clauses, such as a mobility clause, operate on two principles: The greater the detriment, the more narrow the interpretation by the courts; and They are subject to the implied terms of the employment relationship. Either way, legal advice in such matters is always a good idea. It’s a familiar sight in many employment contracts: a clause that … a statutory director who is registered with Companies House) or a very senior manager with the title of ‘director’ or similar, you are likely to need a service contract not a simple employment contract. A recent decision by the Employment Appeal Tribunal (Norman & Others v National Audit Office [2014] UKEAT 0276/14/1512) has emphasised the need for employers to ensure that “flexibility clauses” are drafted unambiguously and have contractual effect if they are to be effective.Background. Involving employees makes good business sense, as it drives up levels of employee engagement and motivation – and finding a compromise in a difficult situation is the best way of preserving good employment relations at work. Flexibility clauses - What are they? In order to maintain flexibility in this regard, and to allow for situations whereby transferring the … … 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. Clause 11.01 This section sets forth work schedules.The provisions within this section shall not be read or construed as a guarantee of continuous employment. People ask questions like “what is this?”, “what does it mean?” and “can my employer change my job?”. Laws This agreement shall be governed by the laws of the Province of Ontario. 3. Your email address will not be published. This type of clause tries to get around the general principle that any changes to your employment contract must be agreed by you. If an employer goes too far in the changes they make then it could be a breach of trust and actually breach the contract you hold with them. This means that a party accepts the rest of a contract, even if there is an exploitable clause elsewhere in the contract. As an employer, you can make a change or variation to an employment contract in the following circumstances: 1. The idea of these is to give the employer the ability to make changes to the terms where necessary. dismiss and rehire an employee without notice. The inclusion of a flexibility clause in your contract may enable the duties of your role to be changed within reason. If you're unsure about the position, contact our employment experts online or by calling on freephone 0330 107 6514. A mobility clause is a contractual provision that on the face of it allows an employer to require an employee to move their place of work to a different location on either a temporary or permanent basis. Independent Legal Advice The Employee acknowledges that the Employer has … The best contracts have a robust mobility clause allowing an employee to be reassigned or relocated in the course of the employment. However, it is not wise to simply vary a contract even if it does have a specific flexibility clause in it which seems to give an employer the power to make the change as employers need to be reasonable in the changes they make in using flexibility clauses and case law suggests that tribunals and courts commonly place a narrow interpretation on what such clauses allow. If a contract of employment contains a flexibility clause, does the employer have to consult with the employee before it implements a variation to his or her terms and conditions? An employer may not vary the terms of a contract without the consent of an employee. The Court of Appeal has rejected a notion that such a clause is implied into a contract … Model Standard Contract . A common example of a clause providing flexibility is a mobility clause, which requires employees to move their place of work in line with the employer’s business needs. If you're certain that you do not agree to a change made to your job title or any additional responsibilities added to your role then you should make it clear that you don't agree to the change and state why in writing to your employer. Check if there’s anything in the contract that says the employer can change (‘vary’) specific terms of employment, for example: hours or days worked; rates of pay; the place of work; Legally this is known as a ‘flexibility clause’ or ‘variation term’. Secondly, check your employment contract to see if there is a general variation term. To have flexible working rights, the staff member must have 26 weeks' continuous employment, and hasn't made a statutory request in 12 months, they can request flexible working (such as working from home). This type of clause tries to get around the general principle that any changes to your employment contract must be agreed by you. Courts and tribunals only … While you do not need to necessarily specify exact times and duration, your employment contract templates should reference the entitlement to take rest and meal breaks. However, if a contract already has a flexibility clause in it, then it could be said that the employee has already given consent for changes. All rights reserved. All employees are entitled to receive a written statement of their terms and conditions of employment. An employer might be breaking a contract's terms and conditions (in 'breach of contract') if they: force a change without the employee's agreement or a flexibility clause in the contract. However, the mobility clause needs to be reasonable, … This will include consulting the employee. Employment contracts must include a place of work. For example, if the issue is relocation, the distance that you are … An employment contract is ente… All the above information was correct at the time of publication. We are an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority and authorised and regulated by the Financial Conduct Authority for insurance mediation activity. written agreement used by an employer and employee to change the effect of certain clauses in their award or registered agreement Quite the opposite – an express mobility clause is extremely important should an employer wish to have some degree of flexibility in relocation. 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. Flexibility. Nowadays it is fairly common to see a ‘flexibility clause’ in employees’ terms and conditions of employment. Slater and Gordon 2020. If there is, it will make the change much easier. Employers can't change your job in any way they want to just because a variation term exists. Is there a flexibility clause? Employers should consult employees on the intended change – a failure to do so could be considered a breach of trust and confidence implied in the contractual relationship between the two, and may lead to claims of breach of contract or constructive dismissal. are likely to work a specified time each week. There are three ways in which your employer can make changes to your employment contract: If any of these clauses are in your contract, this doesn’t mean that your employer can make the change without breaching your contract. This section specifies that you might want the employee to perform other duties separate from their main role. Caution is always required when relying on such clauses, in particular, employers are required to act reasonably and responsibly towards their employees in doing so. Can your employer change your job title and responsibilities? Employers look for some ‘wriggle room’ in contracts by including ‘flexibility clauses’ when issuing contracts of employment. They can advise on whether you have to agree to the change or how you should object. 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. A breach of such terms or conditions shall lead to repudiation of the agreement. However, do not presume that you can make any changes due to the clause being in place. 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’. 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. Are your Contracts of Employment and Policies compliant and effective? Flexibility in Individual Clauses. However, you should note that this only allows employers to make reasonable … Rest or meal breaks . Mobility clauses may be used in various scenarios, such as: The employee is occasionally required to travel. The exact wording will be important to decide whether the change is allowed. There is provision within the contract that allows for the change, often referred to as a flexibility or variation clause, or 2. The lesson for employers to take away from this is certainly not that mobility clauses are unenforceable and so there is no merit in including them within an employment contract. These are express terms in a contract which can enable employees to make changes to an employee’s terms and conditions. Examine how broadly defined your job title and duties are in your contract and within any job description. You must still act reasonably. Details of directors ’ duties, etc recently been formally reinstated your contract may the! 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