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Custom and Practice

Terms and conditions of employment may become implied into the contract of employment if they are a custom within a particular industry or business, or a regular practice. These terms are generally not in writing but are known and agreed by all.   For such a term to be viewed as a contractual requirement or entitlement the term must be reasonable, certain and notorious.  This means that it must be fair, predictable, established, well known and unambiguous.  Discretionary benefits, for example, enhanced redundancy payments which are not expressly written into the Written Statement of Employment Particulars or other contractual documents such as a Company Handbook, will not necessarily become implied through custom and practice simply because they have been given in the last few redundancy exercises.  In the event of a disagreement an Industrial Tribunal will have the ultimate determination over whether such terms form part of the contractual entitlement.

See:
  • Advice on Agreeing and Changing Contracts of Employment
  • Telephone Enquiry Point

    The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.

    The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

    While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.

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