This content is locked!


To access this resource log in or Subscribe to Core.

Get instant access to 3 free resources of your choice. No credit card required.

Sign up now for free access

Express and implied terms

Overview
The terms of a contract of employment are made up from a number of different sources. The most obvious will be the express terms which have been agreed between the parties. Express terms may have been agreed either orally or in writing. It is also possible for certain terms contained in a collective agreement to be incorporated into an employment contract.
 
In addition to expressly agreed terms, a number of terms will be implied into an employment contract. Terms may be implied into an employment contract in a number of ways: to reflect the presumed intention of the parties, by custom and practice, by common law or by statute.
 

Recent developments 

Government to extend ban on exclusivity clauses

The Government has confirmed it will introduce legislation to extend the ban on express exclusivity clauses in workers statement of written particulars, which prevent workers from working elsewhere. New laws will make exclusivity clauses unenforceable in employment contracts where the guaranteed weekly income is below or equivalent to the Lower Earnings Limit, currently £123 per week. It is hoped that by removing red tape, the lowest paid workers will be given the choice to work multiple jobs if they wish, to give them more flexibility over when and where they work.

There isn’t yet a set date for when the new law will come into force, but it will be laid before Parliament later on in 2022.