Implied Terms in Employment Contracts

Posted in : Essential Guide to Employment Contracts on 16 May 2016
Kiera Lee
Mills Selig
Issues covered:

What is an implied term?

Employment contracts are subject to the same legal principles as other contracts in that the terms between the parties should be expressly written but in addition there are number of term that can be implied into an employment contract even where they are not expressly agreed. This can occur even in a very comprehensive contract of employment. It is important to be aware of them.

Key Implied Terms

The duty to maintain mutual trust and confidence:

This term may be relied on by both employers and employees. It is more commonly relied on by employees claiming constructive dismissal on the basis that the employer has breached the duty of trust and confidence. Employers

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This article is correct at 17/05/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kiera Lee
Mills Selig

The main content of this article was provided by Kiera Lee. Contact telephone number is 028 9024 3878 or email

View all articles by Kiera Lee