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

Latest items in Types of contractual terms

  • Express and implied contract terms

    Type:
    Employment law manual

    Updated to include information on Hills v Niksun Inc, concerning the burden of proof in establishing if contractual discretion was exercised reasonably.

  • Variation of contracts

    Type:
    Employment law manual

    Updated to include information on Novakovic v Tesco Stores Ltd, in which the EAT considered if written acceptance of new terms affirmed the contract.

  • Case round-up

    Date:
    1 May 2016
    Type:
    Law reports

    David Malamatenios is a partner at Colman Coyle Solicitors. He rounds up the latest rulings.

  • Common contract terms

    Type:
    Employment law manual

    Updated to include information on the Government's announcement that it will consult on non-competition clauses.

  • Date:
    15 October 2015
    Type:
    Legal guidance

    Capsticks Solicitors highlight some of the case law that NHS employers should take into account before referring to the loss of trust and confidence as a reason for dismissal.

  • Pay and the employment contract

    Type:
    Employment law manual

    The law on pay and the employment contract, including the employer's contractual duty to pay wages, the worker's contractual duty to offer his or her services, and refusal to work and "go-slow" working.

  • Case round-up

    Date:
    18 September 2015
    Type:
    Law reports

    David Rintoul, Lucy Sorell and Rachael Wake are associates, and John Bracken and Nancy Goldman-Edwards are trainee solicitors at Addleshaw Goddard LLP. They round up the latest rulings.

  • Refusal to allow employee to be accompanied by chosen companion at disciplinary investigation was breach of trust and confidence

    Date:
    24 August 2015
    Type:
    Law reports

    The High Court has held that an employer breached its implied duty of trust and confidence towards an employee who was not allowed to be accompanied at a disciplinary investigation by his choice of companion.

  • Case round-up

    Date:
    1 May 2015
    Type:
    Law reports

    David Malamatenios is a partner, Colin Makin, Sandra Martins and Krishna Santra are senior associates, and Hinal Raichura is a trainee at Colman Coyle Solicitors. They round up the latest rulings.

  • Case round-up

    Date:
    1 March 2015
    Type:
    Law reports

    David Malamatenios is a partner, and Colin Makin and Krishna Santra are senior associates at Colman Coyle Solicitors. They round up the latest rulings.