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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48206
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have worked for the same company for 8 Years working basic

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I have worked for the same company for 8 Years working basic hours. Of 7 till 3 any hours outside these hours are paid at time and a half I regularly start any time between 2.30 and 6 00 am now I have been told that i will have to start at them times for basic rate and only get time and a half after 8 hours I have no contract is this legal
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Have you worked the same hours and under the same payment arrangements for the full 8 years?

Customer: replied 1 year ago.
Expert:  Ben Jones replied 1 year ago.

There is a principle in employment law where terms may become implied into an employment contract by ‘custom and practice’. This makes them contractually binding even if they are not written down anywhere. This area of law is rather complex and it is usually only down to the courts to establish with certainty if something had become an implied term. Nevertheless, it does not prevent employees from directly raising this argument with their employers.

The basic requirement for implying terms is the presumed intention of the parties, in other words - did the employer and employee intend for the terms in question to be treated as contractual. In general, a practice would need to have been clearly communicated and consistently applied for a substantial period of time before it can be considered an implied contractual term. Therefore, something that is uncertain, not communicated properly, not been applied consistently or has just been around for a few months is unlikely to qualify.

Case law has suggested that the following are important factors when considering whether a term has become implied in a contract:

{C}· On how many occasions, and over how long a period, the terms in question have been applied - the more times they have been applied and the longer the period over which this has occurred, the stronger the argument they had become implied into the contract

{C}· Whether the terms are always the same - large differences will make the argument they had become implied weaker

{C}· The extent to which the terms are publicised generally - there must be widespread knowledge and understanding amongst the workforce that such terms were being applied

So in the circumstances they could be trying to change terms which have become implied and part of your contractual terms and conditions.

This is your basic legal position. I have more detailed advice for you in terms of the rights yu hve if they are trying to change your contractual terms, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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