Editor's message: The contract of employment forms the backbone of the employment relationship. There is no obligation on employers to put contracts in writing (although certain key employment terms must be set out in a written statement of employment particulars). However, oral or ambiguous terms have the potential to lead to disputes - so it is advisable to make sure your terms are clearly set out in writing, so that everyone understands what has been agreed.
While express contractual terms are those agreed between the organisation and the employee - or incorporated from, for example, a collective agreement or a staff handbook - terms may also be implied into the contract. Often this will be by custom or practice, or the parties' conduct, or because of what a court or tribunal deems must have been intended when the two parties entered into the contract.
One of the most important implied terms is the implied duty of mutual trust and confidence - employees claiming that they have been constructively dismissed often cite a breach of this implied term.
Clio Springer, senior employment law editor
The Work and Pensions Committee and Business, Energy and Industrial Strategy (BEIS) Committee have produced a draft Bill designed to tackle the perceived exploitation of "gig economy" workers.
Deliveroo riders are not workers and are self-employed, according to a decision yesterday by the Central Arbitration Committee.
Updated to include information on Uber BV and others v Aslam and others, in which the EAT considered the employment status of drivers.
The Employment Appeal Tribunal (EAT) has held that Uber drivers are workers rather than self-employed and are entitled to receive the national minimum wage and paid annual leave.
A model contract clause setting out an executive director's specific duties and responsibilities, including compliance with the company's articles of association, and statutory, fiduciary and common law duties, as well as avoiding conflicts of interest.
A model contract clause for use in a service agreement to set out an executive director's obligations and rights on termination.
A model contract clause setting out an executive director's position in relation to the working time rules on paid annual leave, working hours, rest breaks and night working.
Updated to include a reference to P v Commissioner of Police of the Metropolis, in which the Supreme Court considered if police officers should be able to bring discrimination claims over misconduct panel decisions.
Updated to include information on Tillman v Egon Zehnder Ltd, in which the Court of Appeal considered the enforceability of a post-termination restraint clause.
HR and legal information and guidance relating to contracts of employment.