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How long until something becomes part of your contact

3 replies

Qwertykeys · 09/11/2021 10:31

Hi all is there a set time for something to become part of your contact ? A friend has always taken there Flexi time at the same time for years , does there become a point we're it's more part of the contract than flexible ?

OP posts:
flowery · 09/11/2021 14:36

There's no set time, no, it would depend on what the situation is and what the wording of the contract is. Where a contract is vague or non-specific on something, but something specific has happened regularly for a couple of years, that's most likely to have become contractual. As a general rule, custom and practice will effectively put more detail into a contract, but will not change the terms where those are specific. So for example, if someone's contract says they'll work 20 hours a week on a flexible basis, but there is no specific detail about days, times etc, but over time things evolve so that the person is always regular as clockwork working the same days/times, that is additional detail and would become contractual.

That's very general advice though.

Alpinechalet · 10/11/2021 14:16

Pp is right. I would also add a consideration would be what notice the person was given.

Qwertykeys · 10/11/2021 16:07

Thanks for your replies. They have always take the same time off for years , it's never been a problem. They were asked this week not to take the usually time due to staff sickness. Again this didn't cause a big issue , but it did make me wonder at what point they could say " no I don't work those hours "

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