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 Issues covered: Custom and practice; Coronavirus; Employee contractAny 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
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More from the First Tuesday Q&A
-
What are an Employee’s Rights when they Suffer the Death of a Child?
Posted in: First Tuesday Q&A NI on 10 March 2023
-
Do Employees have a Right to Request Remote Working?
Posted in: First Tuesday Q&A NI on 10 March 2023
-
What are the Rights for an Employee who is Suffering Domestic Abuse?
Posted in: First Tuesday Q&A NI on 10 March 2023
-
What is the Impact of Industrial Action on Statutory and Contractual Employment Rights?
Posted in: First Tuesday Q&A NI on 10 March 2023
-
What is the Law in Relation to the Recruitment of Individuals with a Criminal Record?
Posted in: First Tuesday Q&A NI on 10 March 2023
Disclaimer:
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.