Obligations under UK employment contracts—express, implied and imposed terms

Published by a UUÂãÁÄÖ±²¥ Employment expert
Practice notes

Obligations under UK employment contracts—express, implied and imposed terms

Published by a UUÂãÁÄÖ±²¥ Employment expert

Practice notes
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Although Employers and employees have a number of rights given to them by statute, the basic relationship between them is still governed by the contents of the Contract of employment. It is important to identify what the terms of that contract are.

The law of contract is important to many areas of employment. It is used to decide the true contract between parties, which is often not as simple as it sounds. A contract can be made up of all or any of:

  1. •

    express terms

  2. •

    implied terms

  3. •

    imposed terms

  4. •

    incorporated terms

There is nothing to prevent the parties agreeing to exclude the incorporation of terms found outside the written contract of employment, if in all the circumstances the parties really intended the written contract to reflect their whole bargain (see: Entire contract clauses below).

At times during the employment relationship, the employer may find it necessary to vary certain terms of employment (see: Variation of contract below. However, the legal and practical issues that arise in that context are examined in detail

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Jurisdiction(s):
United Kingdom
Key definition:
Employer definition
What does Employer mean?

Also known as the client or developer. The person for whom the works are undertaken under the contract'>building contract by the contractor. Sometimes, but not necessarily, the employer is the owner of the site.

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