A flexibility clause is a term in a contract of employment that allows an employer to make changes to the terms and conditions of the employment agreement. In general, flexibility clauses are included in contracts to provide employers with the ability to adapt to changing circumstances or business needs. However, they must still be reasonable and fair to the employee.
In practice, a flexibility clause can be used to change anything from an employee`s working hours to their job responsibilities, so it`s essential to understand exactly what is being agreed to within the contract. Employers will typically include clauses like these in contracts when they need the ability to make changes to the agreement without needing to renegotiate the entire contract.
There are several factors that you should keep in mind when considering a flexibility clause in a contract of employment. The first is ensuring that it is reasonable and fair to the employee. This means that the employer must ensure that any changes they make are not out of proportion to the employee`s role or the overall business needs.
Secondly, it is essential to define the scope of the flexibility clause within the contract. This means that employers should be clear about what they can change under the clause and what they cannot. This clarity is essential to avoid misunderstandings and disputes that could arise later.
Finally, it is worth noting that a flexibility clause in a contract of employment cannot override the statutory rights of an employee. This means that even if a clause allows an employer to change an employee`s working hours, for example, the employer must still adhere to the law concerning minimum wage rates, working time regulations, and rest break entitlements.
In conclusion, a flexibility clause in a contract of employment can be valuable in providing employers with the ability to adapt to changing circumstances. However, it is crucial to ensure that the clause is reasonable and fair to the employee, and that the scope of the clause is well defined. Employers should also be aware of any legal limitations on their ability to change the terms of an employee`s work agreement. As a result, it is essential to consult with an experienced employment law solicitor to ensure that your contract of employment is both legally compliant and fair to all parties involved.