Help with employee contract, varied terms

[RonaldMcDonald]

Hi

Where I work a member of staff won't work her contracted hours. Over a period of time she has varied them to suit herself and uses them in a more flexi sense.
We want her to return to her actual contracted hours as we need her to be here to cover but she says that now that she has been doing this for a while it has become her new contract.
Can we ask her to return to her original contract? How would we do that?
Thanks

If she signed her original contract then she has to legally stick to that. She can't just change her hours and say that's her contract unless you've written and signed it as a new contract.

Just say to her that she signed her contract to do the stipulated hours which she agreed to, if she finds that she is no longer willing to do that then you will have no option but to dismiss her for refusing to follow her contract and seek someone else.

THanks
She feels that as there has been a period of time where she has been allowed to do this that this is now what her contract is iyswim
what are the legalities

she feels that because she has been doing it for a while that it is now an implied term

I think she might be in the right over this depending on how long she has worked the varied hours.

I've been warned by a union rep that if I continue to work different hours at a different location from what my contract says I am at risk of accepting a new implied term.

surely the number of hours/times she works is an express term in her contract and you haven't changed that? im not sure because she has done it for a period of time it would be an implied term through custom and practice - the reality is though just because she has been doing it for a while doesn't mean it becomes her new contract - there are no time limits on these things... sounds like she is trying it on.

there is a great deal of fear over custom and practice

Based on the information provided no one on here is in any kind of a position of give advice about whether this employee's contract has been varied from the original through custom and practice, and OP you are not in a position to attempt this kind of thing relying on a bit of advice from randoms on the internet. Part of being an employer is taking proper real life advice on this type of thing.

thanks flowery

will do