Employment contract - custom and practice

[gaz05]

Hi

 

I'm not sure whether this is the right place to put this - so forgive me if it is wrong. I work in the civil service and have been "temporary promoted" to the next managerial grade for two years, but my work are currently having a re-shuffle and the likelihood is that I'll be put back to the lower grade soon. The job I'm doing was advertised last year, and despite me applying they then pulled the advert because of the planned re-shuffle which has taken a year to do! Can they remove the "temporary" promotion, as I'm not sure whether custom and practice would kick in giving the time I've spent at the higher grade. Any advice would be gratefully received. Thanks

[honeybee13]

Hello there and welcome to CAG. You're in exactly the right place, don't worry.

 

On the other hand, I've arrived first and I can't answer your questions I'm afraid. One of our gurus will be along soon, I'm sure. In the meantime, have you checked out the ACAS and directgov websites? They should have information on this.

 

HB

[ErikaPNP]

Yes they can remove the temporary promotion. Custom and practice is not applicable to duties which are specified as temporary such as TDA roles in the civil service.

 

Custom and practice refers to terms of the contract which have been implied in some way - matters which have never been formally agreed but of which has become part of the contract, where the "customs" arising from the employment are "practiced", i.e; if you have a christmas bonus every year but this is not formally agreed to, this would be custom and practice.

 

TDA is a temporary role, it is specified and agreed as such that these duties will be performed for a temporary period, and you will be renumerated for it accordingly. When TDA comes to an end it is part of the agreement that you will be able to return to your former role.

 

This will be outlined in far more detail in the TDA policy of your department.

[gaz05]

Thanks ErikaPNP - you obviously know your stuff about TDA. Is this also the case where the whole process was messed up - there was never a real business case for the TDA, and the one that was put together mentioned 6 months. When that business case finished, my TDA has just continued and has done for 18 months. There is no specified and agreed end date to my long-term TDA. In the guidance in my department, it mentioned that TDA should not continue over two years because of the threat of legal action - what does this mean?