In some circumstances, an employer is under an implied obligation to notify its employees of any rights which they have under their contracts of employment which are dependent upon them taking some sort of action, rules the House of Lords in Scally and others v Southern Health and Social Services Board and others.
The EAT emphasises in White v Reflecting Roadstuds Ltd that a restriction on an employer's powers under a flexibility clause should be implied only if it is necessary to make the contract workable, not merely because it would be reasonable to imply such a term.
An employer's right to require overtime from an employee who is under a contractual obligation to be "on call" for a specified number of hours in excess of his basic working week, is subject to the employer's implied duty to take reasonable care not to injure its employee's health, holds the Court of Appeal in Johnstone v Bloomsbury Health Authority.
In Rutherford v Radio Rentals Ltd, the Court of Session holds that to give effect to an employer's contractual obligation to provide personal accident insurance for its employees, it may be necessary to imply a further term that the employer must make a payment to any employee who qualifies under the terms of the insurance policy referred to in the contract. The employer cannot discharge its obligations merely by relying on a refusal by the insurance company to honour the policy.
In United Bank Ltd v Akhtar, the EAT holds that it was necessary for certain terms to be implied into a contract of employment in order for the employee to be in a position to comply with a relocation clause.
In Interfoto Picture Library Ltd v Stiletto Visual Programmes Ltd  1 All ER 348 CA, the Court of Appeal held that if a contract contains an unusual or onerous term of which the other party is likely to be unaware, then the party trying to enforce that term must show that reasonable steps have been taken to bring that term to the notice of the other party.
In Mears v Safecar Security Ltd  IRLR 183 CA, the Court of Appeal held that, in determining an implied term, regard should be had to all the circumstances, including the way the contract had been operated in the past.
In Initial Services Ltd v Putterill and Another  3 All ER 145 CA, the Court of Appeal affirmed that employees should not disclose confidential information that they obtain during the course of their employment, but that there is an exception where the disclosure is in the public interest.
In Swain v West (Butchers) Ltd  3 All ER 261 CA, the Court of Appeal held that the employer was entitled to ask an employee about colleagues' misconduct and that these were lawful questions that the employee must answer.
In Devonald v Rosser & Sons  2 KB 728 CA, the Court of Appeal held that there was an implied term in a piece rate worker's contract that the employer would provide him with a reasonable amount of work.
HR and legal information and guidance relating to types of contractual terms.