The Difference between expressed & implied term in a Contract of employment
Expressed terms of a contract of employment can be terms specifically agreed between the parties, which can be either verbally or in writing in a contractual document (ex: basic salary, working hours, holidays, type of work, part-time or fulltime). Expressed mean that they were specifically stated either orally, maybe in an interview or in writing.
According to Price (2009) an implied term is one which a court will recognize in order to flesh out the responsibilities of parties under a contract when they have not made an express agreement on a topic in a disagreement and also states that a term is simply implied by law when a judge considers that the term ought to be implied into a particular category of contract (ex: employer/employee) and also these terms are fairly obvious to both parties to the contract of employment and some of the implied terms include statutory rights, such as the right to equal pay, duties such as duty of care and also health and safety. In a nut shell implied term are pre written.
The Practical importance of implied terms
Implied terms are very important because in most employment contracts employer is required to issue a written statement which outlines all the main terms and conditions of the employment. Because of the broad and extensive nature of the employment relationship it is close to impossible to capture all the intensions and the necessitates of both parties so the in addition to the expressed terms, the employment contract is also governed by implied terms and the ways to assign implied terms into the contract of employment which can be by fact, by law and by custom (Price 2009).
General test for implied terms
The general test for implied terms decides when a term will be implied into a contract and there are a set of conditions that has to be satisfied in order for the term to be implied. The conditions are the term must be...
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