MIN I MPAI An employment contract includes written documents and terms that are verbally agreed. Terms are either
21st January 2010, Page 30
21st January 2010
Page 30
Page 30, 21st January 2010
— MIN
I
MPAI An employment contract includes written documents and terms that are verbally agreed. Terms are either
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'express' or 'implied'.
Express terms take precedence since they are agreed directly between the employer and employee. Usually, they can only be altered without agreement when the law introduces a change that is to the employees' benefit, for example, minimum holiday entitlements of 5.6 weeks within the working time regulations.
In a dispute, terms that are less clear may need to be decided by a tribunal, which will almost certainly examine 'custom and practice'. Unions, too, tend to look at what has happened in practice did all drivers knock off an hour early on Fridays and how long had this been happening?