What are express and implied terms of employment contracts in the UK?

• Published date: 25 June 2023
• Subject Matter: Employment and HR, Contract of Employment, Employee Benefits & Compensation, Employee Rights/ Labour Relations
• Law Firm: LegalVision
• Author: Ms Comfort Nkang

An employment contract is a legal agreement between you and your employee. It sets out both of your obligations towards each other and the rights and responsibilities in the employment relationship. Employment contracts are crucial for a successful employment relationship. Likewise, they serve as a reference tool for any confusion concerning your employee's work. Therefore, you should ensure that you draft your employment contracts carefully and correctly. This requires you to understand the main employment terms your contract should contain and those required by law. This article will explain express and implied terms of an employment contract. It will give examples of each and highlight some helpful information about them.

Express Terms of Employment Contracts

Express terms of an employment contract are the specific terms within it. They cover explicit rights and duties. For example, information like your employee's pay and working hours are all express terms. Indeed, express terms of an employment contract are those you and your employee agree to.

Express terms are agreed upon in writing or verbally at the interview with your employee. However, some express terms must be put in writing within a ' written statement of particulars'. Essentially, this will be a document containing the main conditions of your employee's employment with you. Likewise, you must give this to your employee before they start their job with you or on the day that they begin.

Additionally, some express terms are typical to find in writing within an employment agreement. These include:

• the job title;
• the pay rate;
• when you pay your employee;
• working hours;
• sick pay;
• notice pay;
• information about pensions, including any pensions schemes and
• collective agreements. These are where you have an agreement with your employees' representatives to negotiate their terms and conditions.

Implied Terms of Employment Contracts

Implied terms of an employment contract are the terms that should be evident to both you and your employee. For example, the understanding that an employee should not steal from you or that they must be polite when dealing with clients. You can think of implied terms as the silent terms of an employment contract. Indeed, they exist the moment both parties enter into the contract.

Additionally, you may have implied terms in your employment contract:

• through custom and practice;
• through law; or
• to demonstrate what you both intended in the employment contract.

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