Types of contractual terms

Fiona Cuming

Editor's message: Where a contract of employment is in writing, the majority of the terms will be expressly set out. Express terms can also be agreed verbally or incorporated from staff handbooks, collective agreements or other documents.

Terms may also be implied into the employment contract by statute. For example, under ss.64-66 of the Equality Act 2010 an equality clause is implied into an employment contract to give effect to an employee's right to equal pay for like work or work of equal value.

Similarly, a number of terms that are central to the employment relationship may be implied into contracts of employment such as the implied term of mutual trust and confidence.

Fiona Cuming, employment law editor

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