What are the terms of my contract?
Your contract of employment is made up of a number of terms, some written down, called 'express terms', some 'implied' and some brought into the contract because they are statutory entitlements, based on an Act of Parliament. Breach of contract could relate to any of these terms of the contract:
- Express terms are those you agreed with your employer directly, either in writing or orally. Express terms may include, for instance, an anti-harassment procedure. Some express terms may refer directly to statutory rights, eg on the safe use of display screen equipment.
- Implied terms are not directly agreed between you and your employer, but nonetheless they are brought into your contract. Some arrive by way of previous Court decisions, some by custom and practice in your workplace, and some by statutes.
- Implied terms are just as powerful as the 'express' terms, and include the employer's 'duty of care' and the 'duty of mutual trust and confidence'.