Mr. Kevin Duffy:

First, I am not getting into the Debenhams issue because I do not know enough about it. What we proposed was that where there would be a contractual or quasi-contractual entitlement that could be the basis for an award for a contravention of the Protection of Employment Acts. What I say is not to be interpreted as giving the committee legal advice. The committee is quite capable of getting that elsewhere from people perhaps with more competence than I have. However, it is generally accepted that a term could become a contractual term in a contract of employment either expressly because it is written in or incorporation where there is a collective agreement and that is incorporated into the individual contract of employment or where there is a clear custom and practice. If there have been several situations, say, of redundancy, and in every situation the employer paid whatever enhanced redundancy payments, and that was a consistent practice that could be pointed to, it can be reasonably inferred that had there been negotiations in this particular circumstance that would have been the outcome. That is what we mean when we talk about established by custom and practice. I am sure it is a concept that the Deputy will be familiar with given her former existence.