Contractual Terms Implied by Reason of Custom and PracticePosted in : Reddy Made Contracts on 24 July 2018
Parties will not necessarily find all of the terms governing the employment relationship in a contract of employment or staff handbook.
In some cases, terms may be implied into a contract of employment by custom and practice. For example, terms may become implied if they are customary in a particular trade, locality or a particular workplace.
The Courts have generally considered the following criteria to determine whether a benefit has been elevated to contractual status by reason of custom and practice.
On how many occasions, and over how long a period, has the benefit in question been paid?
The longer the period and the higher the frequency, the more likely it is
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