Would this apply as custom and practise?
An employee has been asked to start half an hour earlier every morning for the past nine and a half years opening premises allowing staff access to the building.
These duties were carried out by the previous postholder who had carried out the same duties since the opening of the workplace until he gained a promotion. Over this space of time four different departmental managers have signed of on these duties.
He asked been asked to stop carrying out these duties immediatly asked these duties are seen as "Low priority"
Can the employer stop these duties considering the length of time they have been carried out and the fact that when he was given the job he was asked to carry out the duties undertaken by the previous postholder?
Would this count as an implied contract under custom and practise?
The duties you mention above could indeed reasonably be seen as having been incorporated into the individual's contract through custom and practice.
The question I have is why are you asking? The implication in your post is that by stopping these duties the employer has caused the employee to suffer some form of detriment. If that is the case and the contract was changed without consultation and (potentially) notice then there may be the makings of a grievance/claim. However, if there has been no detriment suffered then what is the issue?
semper ad meliora
I agree with Adhna. If all that's happened if the employee isn't opening up in the morning and this hasn't had any other effect e.g. on pay, then I'm not sure what the problem is.
There seems to be more to this query than you've stated, so if you want a full answer I think you need to give a bit more information as to what's happened.
© 2010 Reed Business Information Ltd.