Effects of Implied Terms on Contract of Employment, a Judicial Review Essay

Effects of Implied Terms on Contract of Employment, a Judicial Review - Essay Example The employer is also bound to the employee under the implied terms of the employment contract by way of trust and confidence, payment of wages, provision of work and reasonable care. between the employer and employee. Under what circumstances the implied terms are applicable and also under what circumstance it is not applicable? What are the stands taken by the Court regarding the implied terms of the employment contract? Before proceeding to answer to theses question, firstly we shall explore the scope and applicability of implied terms in employment contract. As said above a contract gives both employee and employer certain rights and obligations. The most common example is that employee has a right to be paid for the work do. The employer has a right to give reasonable instructions to the employee for the work he entitled to do. These rights and obligations are called contractual terms. These contractual terms are two types. Express terms in an employment contract are those that are explicitly agreed between employee and employer and can include amount of wages, including any overtime or bonus pay hours of work, including overtime holiday pay, including how much time off you are entitled to sick pay redundancy pay and how much warning (notice) the employer must give you if you are dismissed. They are terms that have not been expressed orally or in writing but nevertheless form part of the contract of employment. Some are general such as the duty of each party to take reasonable care of each others property and to safeguard each others confidences. In Hagen and ors v ICI Chemicals and Polymers Ltd and ors (3) it was held that an employer owes his employees a common law duty of care to keep them adequately informed of the details of changes to their terms of employment which may follow from a company reorganization and can be sued for the tort of negligence if he is in breach of that duty.