Implied Contractual Terms
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.