Implied Terms in Employment Contracts

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