The Supreme Court has issued an important judgement that gives employers some helpful guiding principles to consider when drafting contracts in order to avoid creating unenforceable penalty clauses.
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The Supreme Court has issued an important judgement that gives employers some helpful guiding principles to consider when drafting contracts in order to avoid creating unenforceable penalty clauses.
A recent decision by the Employment Appeal Tribunal (Norman & Others v National Audit Office [2014] UKEAT 0276/14/1512) has emphasised the need for employers to ensure that “flexibility clauses” are drafted unambiguously and have contractual effect if they are to be effective.