“Flexibility clauses” such as the requirement to “undertake other duties as required” within contracts of employment is very common. In essence these terms appear to let the employer amend the contract without first obtaining the employee’s consent. A recent ruling by the Employment Appeal Tribunal (EAT) has thrown a bright spotlight on the need for employers to ensure that “flexibility clauses ” are drafted unambiguously and have contractual effect if they are to be effective In Norman & Others v National Audit Office the National Audit Office (NAO), argued that it had the right to unilaterally vary staff terms, and could therefore reduce their entitlement to various forms of paid leave. Staff challenged this and the EAT agreed with them. The Staff's legal starting point was that, for a flexibility clause to be effective, it must “ clearly and unambiguously" identify a right for the employer to vary the employment contract unilaterally. For e...