Unwritten contract changes

[zag]

Assume a small organisation which is owner managed and which has a history of not quite getting around to issuing written contracts at the start of employment.

Previously the environment was reasonably flexible with give and take on both sides, but it now looks like the employer is tightening up and saying that certain benefits/conditions aren't included in the contract, but this is obviously a bit hard to check since there seems to be no written contract.

The thing is that the employees recognise that the company/owner is entitled to say that certain things are no longer provided by the company (say company phones for example) and just because they were provided for the last X years doesn't mean they will be provided indefinitely.

But what happens when the employer says that the working day now starts at 0800 or that it is now 10 hours, or makes other changes . . . what is the situation with regard to unwritten contracts and other default conditions which might exist in the absense of a written contract ?

z

 

[ClubMan]

For what it's worth it is illegal for an employer not to issue employees with [broken link removed]. If they have not done this and certain norms (e.g. start/finish times, length of the working day etc.) have been established by convention then I presume that they cannot arbitrarily change these without agreement/negotiation.

 

[ajapale]

Hi Clubman,

People who started employment before 1994 will only get a written contract of employement if they request one.

This section (other than subsection (6)) shall not apply or have effect as respects contracts of employment entered into before the commencement of this Act.
6.—(1) Where, before the commencement of this Act, an employee has entered into a contract of employment with an employer, then, the employer shall, if so requested by the employee, furnish to the employee a statement under section 3 and, if so requested by the employee, there shall be added to the statement the particulars specified in section 4.

(2) An employer shall, within 2 months after the employer has been required to do so under subsection (1), furnish to the employee concerned a written statement in accordance with that subsection.

ajapale

 

[Purple]

If it can be judged as reasonable by a third party to change some conditions then there shouldn't be a problem. (e.g. the canteen lady in a small firm retires and they can't find a replacement so you now have to bring in/buy your lunch in a shop.)

If you are being forced to work more hours on a regular basis then that could not be considered reasonable. If you are asked to work more hours on a regular basis and are being rewarded for it then that is reasonable. That is the view that we have found over the years and it has been backed up on the rare occasions that we have been in the labour court (or whatever it is called now).

 

[JohnDung]

Terms implied by custom and practice
Although it may never be expressly agreed by the parties either in writing or verbally, terms may become implied into a contract of employment by the passage of time in the workplace. Custom and practice (or in its more archaic form, 'custom and usage') is the process by which rules of conduct have the force of law. To be valid, a custom and practice must be exercised for a long period of time and be certain and reasonable. In addition it must not be contrary to statute law or any express term of the contract. "