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  • Employment contract type question
  • Kojaklollipop
    Free Member

    Difficult what to title this one as but I’ll try to explain better here.

    When I first started my job I had an agreement with the then line manager, basically I would have shorter lunch breaks and get this as time off of my holiday time committment. I work in a school so part of my duties were to come in during school holiday time and that time is what I got reduced as usually there’s nothing to do. About a year and a half ago we had a new head of department start and he’s now questioning my holiday commitments. He wants to put all the time in the diary, I’ve just been carrying on as before and he’s not queried it before. I’ve been there 3 years. Anyway, someone said that if you’ve been working one way for a while and it’s not been challenged queried or been a problem then that then becomes your working contract and it can’t be changed. Is this true in some way or will it be a case of if the new boss says I have to do it the way he now wants I’ll have to do as he wants? Could it be a case of it’s in my original contract and it wasn’t changed or agreed with by hr so I’ll now have to stick to that contract? Hope that all makes sense.

    tjagain
    Full Member

    I hope you are in a union. Look up “custom and practice” which is what you are relying on. Basically you are right – if you have been working one pattern for a few years then that becomes your normal working pattern so anything different is a change in contract. However if there is a “good business reason” then it can be changed again.

    Custom and practice is not as strong a protection as a contract. Has HR been involved yet? If not they should be.

    twicewithchips
    Free Member

    was any of the previous agreement written down? Remember that HR work for your employer, but otherwise what he said^

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    Kojaklollipop
    Free Member

    Thanks for replies, ‘custom and practice’ I’ll look into that.

    HR not involved yet but someone suggested I should speak to them as there’s other issues with the way I’m being managed at the moment. The HoD seems to be on a mission in the last few weeks to be on my case about everything.

    Nothing was written down before, it was just an agreement, I’ve done it that way in a couple of places I’ve worked before and it’s always been fine. As long as I got all the work done everyone was happy.

    Oh, that other job offer is looking so attractive right now!

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