Contracts of Employment – Express Terms

Key Points

  • The relationship between an employer and employee is governed by the contract of employment. This may consist of express written or oral terms, or a combination of the two, together with other terms which may be imposed by statute, incorporated by collective agreements and staff handbooks and terms that are implied by law.
  • Certain express terms are required by law to be set out in a written statement of employment particulars, pursuant to s.1 Employment Rights Act 1996 (ERA 1996). 
  • Other common express terms may include bonus clauses and other employee benefits, confidentiality and intellectual property obligations, termination provisions detailing grounds for summary dismissal, payment in lieu of notice clauses, garden leave clauses and post-termination restrictions.
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