An implied contractual term refers to a term which is generally not expressly stated in a Written Statement of Employment Particulars, or other contractual documents, but which is none-the-less binding on the parties to a contract. For example, employers have an implied duty to provide their employees with a safe working environment. Employees have an implied duty not to do anything that would undermine their employer’s reputation or competitive advantage, for example, disclosing trade secrets to a competitor. A breach of an implied term could result in disciplinary or dismissal against an employee or in the instance of an employer carrying out the breach, lead an employee to take action for breach of contract and/or constructive dismissal.See:
The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.
The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.
While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.