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Now In: Contracts of employment > Express and implied contract terms
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To what extent are the terms of a contract binding?

What are incorporated terms and are they legally binding?

What are the risks of offering discretionary terms?

When are implied terms important?

Can an employer require its employees to give more notice to terminate their contracts than it is required to give?

If an employee receives a payment in lieu of notice, will his or her annual leave entitlement accrue up to the termination date, or the end of the notice period?

Is an employer liable for offensive and/or potentially discriminatory material or comments posted on its intranet bulletin board?

What contractual terms will exist between an employer and its employees with regard to health and safety?

In the absence of an express contractual term, if employees have always been permitted to smoke at work might they have an implied right to do so?

Can an employer require employees to live within a certain distance of the workplace?

Where an employer has provided employees with a Christmas hamper in previous years is it under any obligation to continue this practice?

Where an employee is put on garden leave, is the employer entitled to ask the employee to return his or her company car and mobile phone?

Whether or not an employer is entitled to ask an employee on garden leave to return his or her company car and mobile phone depends on the purpose of the items and the terms of the contract. The starting point is that employees are entitled to full pay and benefits during periods of garden leave. However, an employer may be entitled to ask for the return of items such as a company car and mobile phone where they are purely tools of the job and provided for business use only.

Where the company car and mobile phone are contractual benefits for personal use too, the employer should not seek their return until the end of the garden leave period, unless there is a specific term in the contract of employment requiring the employee to return them during a period of garden leave.

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Where the transferor paid a particular mileage rate to transferred employees, is the transferee obliged to continue to pay them at this rate even though it is higher than its normal rate?

If an employer's business is closed because of, for example, flooding, is it obliged to pay its employees?