Breach of Implied Terms in an Employment Contract: Everything You Need to Know

Employment contracts are an important part of any employer-employee relationship. They lay out the terms and conditions of employment, including job responsibilities, salary, benefits, and other crucial details. However, in addition to the express terms of an employment contract, there are also implied terms that are not explicitly stated but are still legally binding.

Implied terms are those that are assumed to be part of an employment contract, regardless of whether they are specifically mentioned or not. These terms are derived from common law and industry norms and are intended to protect both the employer and employee.

One of the most common types of implied terms in an employment contract is the duty of mutual trust and confidence. This means that both parties are expected to act in good faith towards each other and refrain from any behavior that would damage the employment relationship. For example, an employer who consistently fails to pay an employee on time or discriminates against them could be seen as breaching this duty.

Another important implied term is the duty to provide a safe working environment. Employers are required by law to take reasonable steps to ensure the health and safety of their employees while on the job. This includes providing appropriate training, equipment, and protective gear, as well as addressing any hazardous conditions or situations that could cause harm.

Other implied terms include the duty to provide reasonable notice of termination, the duty to pay wages and benefits, and the duty to provide a reasonable workload and adequate resources to complete job duties.

If an employer breaches any of these implied terms, it can be considered a breach of contract. This could result in legal action by the employee, including the possibility of suing for damages. Employers who breach an implied term could also be subject to disciplinary action or termination of employment.

It is important for both employers and employees to be aware of the implied terms of an employment contract and to take steps to ensure compliance. Employers should regularly review their employment contracts and policies to ensure they are in compliance with the law and industry standards. Employees should also be aware of their rights and responsibilities and speak up if they feel their employer is breaching an implied term.

In conclusion, while employment contracts are a vital aspect of any employer-employee relationship, it is essential to recognize the implied terms that are just as important as the express terms. A breach of an implied term can be just as serious as a breach of an express term, and employers and employees must work together to ensure that all terms of the contract are being met.