Implied terms are unwritten rules in a contract
They can be:
- Terms that are so obvious, they don't need to be written down (e.g. assuming that a staff member won't steal)
- Statutory employment law requirements that can't be overridden in a contract
- Implied through 'custom and practice' or generally regarded as 'common sense' (e.g. an expectation of the sort of behaviour that is appropriate in a school)
These impose implied duties on both sides that are assumed to be part of any employment contract. They are in place to encourage good professional relationships, helping everyone work effectively together.
Acas explains these 'implied duties' as having a mutual:
- Duty of care
- Duty of trust and confidence
- Duty of fidelity
These terms apply even if a staff member isn’t working, such as when they’re off sick.
If you or your staff member breach these terms, your working relationship can be damaged