LLB DL
Mutual Trust and Confidence
The main focus of this topic is on the very important implied term of
mutual trust and confidence (sometimes referred to in the cases as
mutual trust and respect). However, to understand the importance of this
implied term and where it comes from, we need to cover a few basic first.
Terms of the Contract
Some questions for us to answer
Where do the terms of the employment contract come from?
What form do they take?
Where do we find the terms?
Terms of the Contract
Express Terms – terms that are expressly agreed between the parties.
Have been specifically mentioned or have been agreed by the parties.
This includes how much an employee will be paid, how many hours
they will work & how many hours of holiday they are entitled to
Implied Terms – a term that has not been agreed expressly by either
party, but that has been implied by the other terms of the contract.
The term is unwritten and are presumed to be agreed to.
- 2 types of implied terms: statutory (parliament has said that these
provisions are in contracts of employment)
Page 1 of 6
, Express Terms
• These are terms that are expressly or specifically stated and agreed,
either orally (at the initial interview, say) and or in written contract.
• s1 Employment Rights Act 1996 - Provides for a written statement of key
terms but this is NOT the contract.
Page 2 of 6
Mutual Trust and Confidence
The main focus of this topic is on the very important implied term of
mutual trust and confidence (sometimes referred to in the cases as
mutual trust and respect). However, to understand the importance of this
implied term and where it comes from, we need to cover a few basic first.
Terms of the Contract
Some questions for us to answer
Where do the terms of the employment contract come from?
What form do they take?
Where do we find the terms?
Terms of the Contract
Express Terms – terms that are expressly agreed between the parties.
Have been specifically mentioned or have been agreed by the parties.
This includes how much an employee will be paid, how many hours
they will work & how many hours of holiday they are entitled to
Implied Terms – a term that has not been agreed expressly by either
party, but that has been implied by the other terms of the contract.
The term is unwritten and are presumed to be agreed to.
- 2 types of implied terms: statutory (parliament has said that these
provisions are in contracts of employment)
Page 1 of 6
, Express Terms
• These are terms that are expressly or specifically stated and agreed,
either orally (at the initial interview, say) and or in written contract.
• s1 Employment Rights Act 1996 - Provides for a written statement of key
terms but this is NOT the contract.
Page 2 of 6
