Do terms and conditions become fixed by usage?

[hermionegrangerat34]

...I ask because dh is being moved to a different site in the next year or so (a good thing and a move he is very happy with btw). The new site has fixed working hours, whereas he is currently on flexible hours, and the bosses are saying that they will all have to go onto fixed hours. Also, in his current place of work they have an extra 3.5 days holiday a year as a result of a union-negotiated reduction in the working week from years ago, which it was negotiated they would take in the form of extra annual holiday over christmas. The bosses are also saying this is a site-specific concession, and won't apply anymore. I seem to recall reading somewhere that if you've enjoyed certain perks/conditions/etc for a period of time, they become de facto part of your contracted terms and conditions (dh has worked for the same employer on the same site for 12 years now). Is this true, does anyone know, and is there any website or similar that you could direct me to that has this in writing? Or is this in any case one of the things that it would be reasonable to change when you are making such a big change as to amalgamate sites anyway? The company seem to be dealing with it all very well and fairly in general so he doesn;t want to make a big fuss, but if he can keep 3.5 days extra holiday he would very much like to do so! He works very long hours anyway (management so no extra money), so the extra holiday is very valuable to him.
He's asked me to ask the power of mumsnet, so any advice/help very gratefully received!

They can't reduce the holiday. It is a pity it was not written into a revised employment contract at the time though - was it offered as a discretionary thing that coudl be taken away at any time or not.

Is it a different company or just a different site?

On flexible hours it's the same point - they cannot vary the contract unreasonably without consent. So asking someone to come in 10 mins earlier or adopt a new uniform - yes you can force that on them but major changes usually not.

Look at the acas web site as a good first step perhaps and if he has a union speak to them.

Thanks Xenia!

So the extra days were negotiated by the union but not confirmed in writing at the time? How remiss of the union, and unusual!

They can't just take the holiday away, no. If it was negotiated properly and has been in place for years, it's part of his terms and conditions so the consent of the workforce would be needed to change it. Is it just your DH moving, or are there more, also subject to these terms?

Hello
It is my understanding that any perks/conditions regardless of them not being part of your written contract become part of your t's & C's. My boss tried to stop my casual staff from having a staff drink at the end of a shift, but as it had been happening for 20+ years it couldn't be changed. I seem to think that it was the gov direct website that had info on this.

Thanks flowerybeanbag. The whole group are being relocated (those that aren't being made redundant). The company was bought a year ago by another big company, and they are now amalgamating sites. Hmm, I hadn't thought about the union having something in writing - that should be looked into. There aren't many there now who are in the union I imagine - it used to be a much bigger site and now is quite a small group of mainly professional/managerial staff (engineers etc) who aren't union-joining types (including my dh).

I would be very surprised if there was nothing at all. If a union is recognised for the purpose of negotiating terms and conditions, like holiday, I would expect the result of such a negotiation to be notified in writing to employees affected, or to be recorded in a collective agreement, which is an agreement applying to a group of staff after a negotiation like this.