We have two colleagues who have verbal agreements to work from home. They have been doing so for more than 5 years. What protection do they have as this is not included in their contract of employment? Can the employer change this work practice with one month’s notice?

Posted in : First Tuesday Q&A ROI on 1 August 2017
Julie Austin
McDowell Purcell
Issues covered:

Notwithstanding the fact that only a verbal agreement was reached with these employees, as the employees have enjoyed this arrangement for a significant period of time, the employees’ could reasonably argue that they have an implied right to work at home.  A term can be implied into a written employment contract by virtue of “custom and practice”. One of the factors taken into account when determining whether a custom and practice exists is whether the arrangement existed for a substantial period. The fact that the arrangement has persisted for 5 years may mean that the employees have a contractual right to work from home. Of course, the discussions which took place with the employees

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Back to Q&A's This article is correct at 01/08/2017

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Julie Austin
McDowell Purcell

The main content of this article was provided by Julie Austin. Contact telephone number is +353 1 828 0600 or email jaustin@mcdowellpurcell.ie

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