Monday, 18 May 2009

Ref : Implied terms

Implied terms of an employment contract

As well as the terms you actually agree with your employer, an employment contract can include implied terms.

Implied terms include:

  • the duty of the employer to provide a secure, safe and healthy environment for the employee
  • the employee'e duty of honesty and loyal service
  • an implied duty of mutual trust and confidence between you and the employee
  • a term too obvious to need stating, eg that an employee will not steal from the employer 
  • any terms that are necessary to make the contract workable, eg that someone employed as a driver will have a valid driving licence

Some terms and conditions may become implied terms of the contract because you have consistently done something over a significant period, eg made enhanced redundancy payments to redundant employees. This is known as custom and practice.

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