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What is the difference between implied and express terms?

The rights and duties of both employers and employees are to be found in the contract of employment. They are called terms of the contract.

Some of these terms are express terms – that is they are expressly or specifically stated, either orally, at the initial interview, say, or in writing. Express terms include things like pay, hours and holidays.

The law states that certain express terms must be put in writing and handed to the employee in the form of a written statement of particulars within two months of starting work.

There are other contractual terms called implied terms. These are not expressly or explicitly stated because, in the main, they are fairly obvious to both parties to the contract of employment.

Occasionally, the courts will imply a term in a contract of employment where an important term has been left out.

Implied terms include statutory rights, such as the right to equal pay and duties, such as a duty of care.