How can I minimise the risk of being bound by contractual terms which I do not want?
The key is to ensure that you retain flexibility, while establishing certainty. For example: · avoid producing a job description which is too detailed, and include a statement that you reserve the right to amend or add to the employee’s duties, or change their place of work, according to the needs of the business; · make it clear if benefits such as bonuses and health insurance are discretionary and/or can be withdrawn; · ensure that employees do not come to have a reasonable expectation of a non-contractual benefit. For example, if you always give a Christmas bonus, make it clear under what circumstances you will (or will not) pay it.
