What are flexibility clauses (variation clauses)?

Flexibility clauses in employment contracts

It is not uncommon to find clauses within an employment contract that state an employee may be asked to carry out duties outside of their day-to-day job role if it is deemed reasonable.

If your employment contract includes one of these clauses, you may be wondering what it means and what type of changes your employer could make. These are common concerns many people have about their employment contracts, and in this guide, we explain everything you need to know about the changes that could be made to your job and your duties.

If you have any further questions about flexibility clauses, or wish to speak to a legal expert about your employment contract, you can speak to our team on 0330 041 5869 or contact us online.

What are flexibility clauses?

Flexibility clauses – also referred to as variation clauses – are provisions made within an employment contract that allows your employer to change some terms and conditions without the need to renegotiate your contract with you. These terms could include things like working hours or your location of work.

It is important to remember, however, that any changes your employer makes must still be considered ‘reasonable’ and they must give you notice before the change takes effect.

What's the difference between a specific and a general variation clause?

A variation clause in an employment contract can either general or specific. As the names may suggest, a specific variation clause includes more detail about how and when terms may be changed, while a general variation clause leaves the circumstances more open.

General flexibility clauses are often found toward the end of a contract and gives an employer the right to amend the terms of a contract, such as working hours or location, depending upon business needs.

However, as these clauses are so broad, they are often only used for minor or administrative changes. In contrast, a specific flexibility clause may state that an employer can change working hours, but that the new hours still have to be within business opening times.

Can my employer add a flexibility clause to my contract?

Yes, they can. An employer can write a flexibility clause into your contract from day one, or if you agree to them making a change.

If you believe your employer is attempting to make a change to your duties or job description without your prior agreement, your first step should be to check through the terms of your employment contract. Examine how broadly defined your job title and duties are in your contract and within any job description. The exact wording will be important to decide whether the change is allowed. Is there a general or specific flexibility clause?

How are flexibility clauses viewed in employment law?

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 very rarely uphold these types of clauses.

Employers can't change your job in any way they want to just because a variation term exists. 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.

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. If an employer goes too far in the changes they make, it could be a breach of trust and breach the contract you hold with them.

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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.

If you're unsure about the position, contact our employment experts online or by calling on freephone 0330 041 5869. They can advise on whether you have to agree to the change or how you should object.

All the above information was correct at the time of publication.