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  • Frequently Asked Employment Questions - How do we avoid contracts changing through "custom and practice"?
    It takes more than a single incident to establish a contractual right through "custom and practice". For a custom or practice to take on contractual force, it must be "reasonable, notorious and certain", which means it must have been endured for a lengthy period and have been generally recognised amongst your employees. If you don't want any custom or practice to ever gain contractual status, vary it from year to year and when doing so remind employees it is purely informal. Also, make sure your express terms...
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