Implied terms in contracts
Discussion
I am a seasonal worker for a train company.
My contract does not specify a start or finish date each year but for the three years that I have worked for the Company I have always started by the last week of April and normally finished by the end of November.
Strangely, my contract states that I am employed for 6 hours a week all year round but this is simply not true. 6 hours a week would equate to 312 hours a year and hours actually worked are nearer 750 a year.
The current crisis has led to staff in my department being withdrawn from service. The Company believes that it only has to pay seasonal staff a bare 6 hours per week. Is this right? The Company has not to my knowledge furloughed anyone in our department. Could my actual hours be an implied term in my Contract of Employment?
My contract does not specify a start or finish date each year but for the three years that I have worked for the Company I have always started by the last week of April and normally finished by the end of November.
Strangely, my contract states that I am employed for 6 hours a week all year round but this is simply not true. 6 hours a week would equate to 312 hours a year and hours actually worked are nearer 750 a year.
The current crisis has led to staff in my department being withdrawn from service. The Company believes that it only has to pay seasonal staff a bare 6 hours per week. Is this right? The Company has not to my knowledge furloughed anyone in our department. Could my actual hours be an implied term in my Contract of Employment?
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