If employees have been working remotely during the pandemic, can they argue that, through custom and practice, they are entitled to work from home on a permanent basis?

Posted in : First Tuesday Q&A NI on 5 October 2021
Chris Fullerton
Arthur Cox NI
Issues covered: Custom and practice; Coronavirus; Employee contract

Any contract may be amended at any time either in accordance with the terms of the contract itself or with the agreement of all the parties to the contract. Case law concerning employment contracts has demonstrated the court's willingness to protect employees from employers who may seek to abuse their stronger bargaining position by seeking to impose changes to their employee's contracts. On the other hand, the courts have indicated a greater willingness to find that changes to contractual terms have been effectively agreed when the changes benefit the employee.

Nevertheless, it is unlikely that an argument trying to incorporate a term for home working through custom and practice would be

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Back to Q&A's This article is correct at 05/10/2021

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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