Implied terms: rules and guidance
Be clear on what implied terms are in contracts and job descriptions, and understand the rules you must follow to minimise the risk of disputes and misunderstandings.
Contents
Implied terms are unwritten rules in a contract
They can be:
- Terms that are so obvious, they don't need to be written down – for example, you assume that a staff member won't steal
- Statutory employment law requirements – these can't be overridden in a contract
- Implied through 'custom and practice' or generally regarded as 'common sense' – for example, 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 implied terms can be enforced by law. If you or your staff member breach these terms,
