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
Updated to reflect that the Court of Appeal will hear the appeal in Awan v ICTS UK Ltd on 4 or 5 December 2019.
In Antuzis and others v DJ Houghton Catching Services Ltd and others, the High Court held that the director and company secretary were both jointly and severally liable for the employer's statutory and contractual breaches.
Updated to include the increase in the maximum compensation for breach of the written particulars requirements, effective from 6 April 2019.
Updated to include new rates of the national minimum wage, effective from 1 April 2019.
Although a recent Court of Appeal decision concerning suspension in relation to safeguarding concerns provides an element of reassurance for employers, consultant editor Darren Newman explains why suspension should still be used only sparingly.
After the government this month outlined plans to outlaw the unethical use of non-disclosures agreements, Michael Hibbs looks at situations where confidentiality clauses can benefit the employer and employee alike.
The Government consults on proposals to limit the misuse of confidentiality clauses in situations of workplace harassment or discrimination.
Updated to include information on London Borough of Lambeth v Agoreyo, in which the Court of Appeal considered if a suspension was in breach of the implied term of trust and confidence.
HR and legal information and guidance relating to contracts of employment.