Contracts of employment: Clear evidence of custom and practice covers all contractual terms
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Henry and others v London General Transport Services Ltd [2002] IRLR 472 CA (0 other reports)
Key points
- In Henry and others v London General Transport Services Ltd [2002] IRLR 472, the Court of Appeal holds that, whereas clear evidence is required that a custom and practice has been incorporated into individual contracts of employment by virtue of the collective bargaining between an employer and the recognised trade union, such a custom and practice, once established, can be expected to cover all contractual terms.
- There is no higher test, even for "fundamental" changes, such as, in this case, a reduction in pay, and there is no different and higher standard of a "strict" burden of proof, the burden being upon the balance of probabilities.
- Where the employees in this case, after initial protest, had continued to work under revised terms and conditions for a period of two years, it was difficult to conclude other than that they had affirmed the new terms.
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