Business and Administration

Terms implied by custom and practice

When dealing with a particular employment problem, there may be no express contractual term covering the matter. In such a case, it is helpful to look at what has happened to other employees in the workplace. This is because if other employees have been given this right, you can argue that you also have the right under ‘custom and practice’.
Trying to show that you have a right through ‘custom and practice’ can be complicated and you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.
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What happens if part of the contract is broken (breach of contract)

A contract may be broken if either you or your employer does not follow a term in the contract. This is known as a breach of contract. For example, if your employer doesn't pay you in lieu of notice which you are entitled to under your contract, this would be a breach of contract.
If your employer breaks your contract, you should try and sort the matter out with them informally first.
If this doesn't work, you could try raising a grievance against your employer. There are special procedures you may need to follow if you want to take out a grievance against your employer.
For more information about taking out a grievance against your employer, in England, Wales and Scotland see Sorting out problems at work and in Northern Ireland, see Dealing with grievances, dismissal and disciplinary action at work.
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