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Implied terms

New and updated

  • Posted notice of dismissal effective only when received by employee

    Date:
    18 May 2017
    Type:
    Law reports

    The Court of Appeal has held that, in the absence of an express term in the employment contract, a posted notice of dismissal is effective only when it is "actually communicated" to the employee.

  • Express and implied contract terms

    Type:
    Employment law manual

    Updated to include information on Marathon Asset Management LLP and another v Seddon and another, in which the High Court awarded the employer nominal damages only, for breach of contract.

  • 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.

  • 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.

  • Flexitime: No implied term that employer would pay for accrued flexi-hours on termination

    Date:
    4 June 2014
    Type:
    Law reports

    In Vision Events (UK) Ltd v Paterson EAT/0015/13, the EAT in Scotland held by a majority that an employer was not obliged to pay an employee for accrued flexitime hours on termination as there had been no express term in the contract requiring payment and no such term could be implied.

  • Flexitime: no implied requirement to pay on termination

    Date:
    11 February 2014
    Type:
    Law reports

    The Employment Appeal Tribunal has held that, where there is no express term in a contract of employment that the employer will pay the employee for any accrued but untaken flexitime on his or her departure, there is no need to imply such a term into the contract.

  • Case round-up

    Date:
    1 July 2013
    Type:
    Law reports

    David Malamatenios is a partner, and Colin Makin, Krishna Santra, Sandra Martins and Melissa Powys-Rodrigues are solicitors at Colman Coyle Solicitors. They round up the latest rulings.

About this topic

HR and legal information and guidance relating to implied contractual terms.