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- make it clear if benefits such as bonuses and health insurance are discretionary and/or can be withdrawn;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.
