Mr. Ciaran Kirwan:

No, Chairman, it does not. If an employer does not reserve the right to change the terms and conditions of employment, he or she has no way of insisting on those changes being put through. If the organisation were to move its headquarters from the South Circular Road to Abbotstown and an employee refused to go, in the absence of such a clause there is absolutely no way the employee could be compelled to do so. In general, one rarely comes across an employee who is entirely happy with every term and condition of employment but clauses are inserted and often never invoked by an employer. Very often an employer will include a clause stating if an employee is out sick for more than three days he or she will not be paid but it is rarely invoked, particularly with regard to a very long-standing employee who has become ill.

Very often employers will not invoke the clause and will continue to pay the employee’s full salary. Any prudent employment lawyer would advise an employer client to insert such a clause into the contract.