These are known as flexibility clauses and are often used by an employer to make changes to either the employee’s hours or place of work, the latter more commonly referred to as a mobility clause.
The contract may also contain a clause specifically permitting an employer to make certain, albeit reasonable, contractual changes to the employee’s working conditions. A confidentiality clause, on the other hand, will prevent an employee from disclosing sensitive and confidential information to a third party. In particular, a restrictive covenant can be used to prevent an employee from working for a competitor, either during the currency of the employment contract or even post-termination, albeit only for a specified period of time. The employment contract will also often include express provision to protect an employer’s legitimate business interests by way of restrictive covenants and confidentiality clauses. In other words, in addition to those terms that have been expressly agreed between the parties, either verbally or in writing, other terms will arise by implication in the context of the employment relationship.Įxpress & implied terms in employment contractsĮxpress terms are those explicitly agreed between the parties, and typically relate to core contractual matters including salary, sickness, working hours, holiday entitlement and notice periods for terminating the contract. Moreover, contractual terms can be express or implied. The contract can be either written, verbal or even both. That said, although the contract of employment will usually be set out in writing, or at least in part documented by way of a written statement of employment particulars, to be legally binding the contractual terms do not need to be written down. In this way, the employment contract helps to clarify the nature and extent of the obligations on either party, providing clearly defined rights, with potential legal redress where those rights are breached. This makes it important for both the employer and employee parties to understand the nature of the employment contract and their respective obligations under it, not least their legal rights, remedies and claims in the context of different kinds of breach.Ī contract of employment is a legally binding agreement between the employer and employee, setting out the terms and conditions governing the working relationship between the parties, including their rights and responsibilities.
Breach of an employment contract can include anything from relatively minor breaches, such as an employer’s failure to pay an employee’s expenses on the correct date, to fundamental breaches of contract arising from, for example, gross misconduct on the part of the employee.īreach of contract can give rise to remedies for the other party, such as suing for damages. If an employer or employee breaks or fails to meet terms under the employment contract, they may be in breach of the employment contract.
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