http://EmploymentRightsIreland.com What a work practice and what is a term of employment is vital to understand if you want to change a contract of employment.

1. Work Practice or Contractual
Entitlement?
Changing the contract of employment in Irish law
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2. Why It's Important
The question of what is a “work
practice” and what is a contractual
term of the employment contract is an
important one, for both employees and
employers alike.
 Because the employer can change a
work practice unilaterally. For example
changing a break from 10 am to 11
am.

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3. Term of Contract Cannot Be
Changed Unilaterally
But a contractual entitlement or term
cannot be changed without the
employee’s consent.
 Because it can lead to a claim for
constructive dismissal or breach of
contract.

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4. What Is a Work Practice in Irish
Law?
In Irish law what is a “work practice”
and what is a term of the contract is
unclear.
 It is impossible to provide for every
possible issue that might arise in the
employment and disputes regularly
arise as to what is a work practice and
what is not.

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5. Big Problem for Employers
And this creates serious problems for
employers.
 In some instances it is clear what is a
work practice and what is not
 However in many situations the
change falls into a “grey” area.

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6. What Have Irish Courts Had to
Say?
Irish Courts have addressed the issue
down through the years.
 Rafferty v Bus Eireann
 Kenny v An Post

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7. Terry Gorry & Co. Solicitors
"Innfield House"
 Main Street
 Enfield
 Co. Meath
 Tel: 046/95 49 614 or 086/81 21 797
 Email: terry@businessandlegal.ie

http://EmploymentRightsIreland.com