Job Descriptions in Employment Contracts

Job descriptions define an employee's role but can create contractual issues if not handled correctly.

Contractual vs Non-Contractual

Non-Contractual Job Description (Recommended)

"A job description is attached for guidance but does not form part of your contract. The Company may amend the job description from time to time to reflect business needs."

Benefits:

• Flexibility to update duties
• Easier to adapt to changing needs
• Avoids breach of contract claims

Contractual Job Description

If incorporated into the contract:

• Changes require employee consent
• Breach of contract if duties differ significantly
• May limit ability to reassign tasks

"Your duties are as set out in the attached job description which forms part of this contract."

Job Title

Fixed Job Title

"Your job title is [Job Title]."

Flexible Job Title

"Your initial job title is [Job Title]. The Company may change your job title from time to time to reflect changes in your role or the organisation."

Flexibility Clauses

Standard Flexibility Clause

"In addition to the duties described above, you may be required to undertake such other duties as may reasonably be required of you from time to time, consistent with your skills and position."

Broader Flexibility

"The Company reserves the right to vary your duties, require you to work in a different role, or assign you to different projects as business needs require. Any such changes will be at your existing salary and benefits unless otherwise agreed."

Limitations on Flexibility

Courts will not allow employers to use flexibility clauses to:

• Fundamentally change the job
• Demote the employee
• Impose unreasonable requirements
• Act in bad faith

Duties and Responsibilities

Core Duties

Specify the main aspects of the role:

"Your principal duties include:

• [List main responsibilities]
• [Key accountabilities]
• [Reporting relationships]"

Scope of Authority

For management roles:

"You will have responsibility for [X] employees / [Y] budget / [Z] function. You have authority to make decisions within [defined parameters]."

Professional Standards

For regulated roles:

"You must maintain professional registration with [body] and comply with the relevant professional standards and code of conduct."

Changes to Duties

When Consent Is Needed

Changes likely require consent if they involve:

• Significant increase in responsibility without pay increase
• Demotion or reduction in status
• Major change to working location
• Fundamental change to nature of work

When Changes May Be Imposed

Employers may be able to make changes if:

• Contract contains flexibility clause
• Change is minor and reasonable
• Business has genuine need
• Proper notice is given

Process for Changes

"Any significant changes to your role will be discussed with you in advance. Where changes require variation to your contract, your agreement will be sought."

Reorganisation and Restructuring

Clause for Restructuring

"The Company may reorganise, restructure, or make changes to roles from time to time. Such changes may affect your duties, reporting line, job title, or work location. Where changes are significant, you will be consulted appropriately."

Redundancy Considerations

If duties change so significantly that the old role effectively disappears, this may constitute redundancy.

Performance Expectations

Linking to Performance

"You are expected to meet the standards and objectives set out in your job description and as communicated through the performance management process."

Updating Objectives

"Your objectives will be reviewed and updated at least annually as part of the performance management cycle."

Multi-Role Arrangements

Dual Roles

"Your role combines responsibilities across [function 1] and [function 2]. Time will be allocated approximately [X%] to each function, though this may vary according to business needs."

Acting Up

"From time to time, you may be asked to act in a more senior role during a colleague's absence. An acting allowance may be payable for such periods."

Job Levels and Grades

Grade Structure

"Your role is graded at [Grade X] within the Company's grading structure. Your grade determines your salary band and certain benefits."

Progression

"Movement between grades is subject to the Company's promotion policy and is not automatic."

Best Practice

For Employers

1. Keep job descriptions non-contractual
2. Include flexibility clause in contract
3. Review job descriptions regularly
4. Consult before making significant changes
5. Document the business rationale for changes

For Employees

1. Check if job description is contractual
2. Understand flexibility clauses
3. Raise concerns about changes promptly
4. Document significant duty changes
5. Seek advice before refusing work