Contractual Terms Implied by Reason of Custom and Practice

Posted in : Reddy Made Contracts on 24 July 2018
Laura Graham
Reddy Charlton Solicitors
Issues covered:

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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This article is correct at 24/07/2018

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.

Laura Graham
Reddy Charlton Solicitors

The main content of this article was provided by Laura Graham. Contact telephone number is +353 1 265 0812 or email

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