Express and implied contract terms

Original author: Sue Johnstone

Updating author: Zuraida Curtis

Summary

• Express terms are agreed between the employer and employee. (See Express terms)
• Terms may be incorporated from staff handbooks, collective agreements or schemes. (See Incorporated terms)
• Collective agreements and handbooks are not normally incorporated into the contract unless this is express. (See Collective agreements and Handbooks)
• Discretionary terms are legally binding and need careful drafting. (See Discretionary terms)
• Where there is no express term it may be possible to imply one. (See Implied terms)
• Implied terms cannot override express terms. (See Implied terms)
• Terms may be implied at common law or by legislation. (See Implied terms and Terms implied by the courts)