we have been carrying out task at work that is neither in our grading matrix or employment contract. We started doing these tasks mostly out of goodwill to our clients and employers. We have now withdrawn these tasks in order to negotiate a higher grade which would reflect the new working practices, however our employer says that if we do then we would be in breach of contact as these tasks have now become custom and practice and therefore implied into our term of contract. Is this legal? Custom and practice see taken for granted!
Possibly, but impossible to say with any level of certainty.
A couple of observations and some questions:
Putting everything in a job description isn't practical or desirable.
Is this new task in someone else's 'grading matrix'?
Is it really a significant proportion of the existing job?
Is there a formalised system of job evaluation used in the company?
Well, I suppose if you don't even bother going back to your previous question, you'll never whether you've got any answers.
Maybe this was mis-posted in AnswerBank when it was really for AnswerWhine.