Dirty_Den

Hi all -

Got an employment question. I've recently started receiving an extra benefit at work that is taxed along with my salary. We were all informed that certain staff would be receiving this benefit and I didn't expect to - but I am anyway.

The benefit is not in my contract of employment - but someone once told me that once you have been receiving a benefit at work, after a certain period of time it automatically becomes part of your contract - is this true? Does this mean that after a certain amount of time, they cannot take benefits away, unless explictly mentioned in your contract of employment?

They gave the example that if your boss made you a cup of tea every day for a year, that legally you can expect it after a year and they cannot take that benefit away..

Realise that any advice wouldn't be legal advice etc, blah, blah, but just any opinions on this?

Cheers,

Den

Neil Smalley

I think that is correct. About it becoming part of your contract.

However you have to weigh losing the perk against the 'damage' you'll do to your career by vigourously defending your right to it.

I'm not an employment lawyer, but as soon as you say the words legal advice then it can soon all go poo for you at your company. If they are thinking of laying people off, who will get it in the neck. The guy who tows the line or the trouble maker. I'm not saying give in, i'm saying if you were to consider figthing anything think of the often unseen consequences too.

fast bloke

yep - if you get something for 6 months you are then entitled to it as part of the terms and conditions of employment. If it is a small perk than it probably isn't worth fighting over, however if it is something like a pension / car etc then you should stand your ground. There are strict rules regarding mandatory redundancy and removing a perk ofter 6 months could be presented as constructive dismissal, so the company cannot ged rid of you simply for standing up for your rights. However, if you are recieving the perk when you know you should not be you are obliged to bring it to the attentionof the company a.s.a.p. If you know you are not entitled to it and do not bring it to the attention of your boss, you could be asked to pay it back at any stage. The 6 month rule does not apply in this case.