Introduction

The employment contract is made up of contract terms and conditions that govern the relationship between employer and employee. These terms can be written down or verbally agreed. They can be express or implied and can include terms incorporated from a collective agreement or implied through custom and practice. Together, these terms make up the legal agreement between the parties.

The next two Chapters look at the rules governing the different types of contract term and how they interact, highlighting useful cases.

If an employer fundamentally breaches an express or implied contract term (for example, the implied duty of mutual trust and confidence) this can trigger the right to resign and to claim constructive unfair dismissal in the employment tribunal, or wrongful dismissal in the civil courts.