Flexible job duties clause

A flexible job duties clause means you can require an employee to undertake additional or alternative tasks and duties as the needs of the business dictate, provided they are within the employee’s capabilities and skills base, and are not demeaning.

The need for flexibility

A job description usually focuses on the specific duties and tasks that the employee is required to undertake. It may also specify the key responsibilities. Occasionally, you might require an employee to perform a particular task that is not listed in their job description. A Flexible Job Duties Clause enables you to do this. However, you must also have regard to the implied duty of trust and confidence. As such, you should not give an employee tasks which are outside their level of capability and neither should you give them tasks that could be classed as demeaning. For example, it probably would not be reasonable to ask your secretary to clean the toilets. Neither would it be reasonable to ask her to draft up new terms and conditions of business because this is probably beyond her level of skill and experience. Our flexible job duties clause reflects this position.

Another job

Our clause also envisages that the employee may be asked to transfer, either temporarily or permanently, to an alternative job within your business. This is separate from the mobility clause because here there is no relocation; the alternative job is at the same place of work. It is probably only really safe to move the employee to another job with their express agreement because a complete change of job alters the entire nature of the employee’s employment with you and so our clause is drafted on this basis.