Employers’ Dos and Don’ts Checklist for Varying Contracts of Employment.

Do

  • check the contract first to see if there is an express provision that allows the variation to take place, eg a mobility clause

  • check if the variation proposed affects a term that may have become established by custom and practice, eg a flexibility clause allowing shift pattern to be varied that has never been put into effect and, instead, a regular work pattern has become established over a period of time. Remember that such a flexibility clause must be exercised in accordance with mutual trust and confidence

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