Assessment Question:
“The basis for the implication [of terms into an employment contract] is subjective in that the court
or tribunal should look at the likely intention of the parties at the time of contracting, and should not
imply terms simply because they appear (objectively) reasonable when viewed in hindsight.”
Smith and Wood 12th Edition p.136
Critically analyse this statement and discuss the obligations imposed by the use of implied terms.
Word Count: 2500 word limit
LEARNING OUTCOMES
Upon successful completion of this module, students will have demonstrated
Knowledge
1. A critical understanding of legal doctrine and policy within the social, economic, commercial or
political contexts relating to employment law.
Skills
2. The ability to identify accurately issues which need researching and, using paper and
electronic information retrieval systems, obtain up-to-date legal information
3. The ability to make a critical judgement of the merits of particular arguments
4. The capacity to act independently in planning and undertaking tasks in areas of law which
have already been studied
5. Express with reasons personal judgements concerning the concepts, values, principles and
rules in a range of areas of law

Solution

Employment Law

Introduction

Implied terms play an important part in the execution of laws pertaining to employment contracts. Often, potential employees are faced with the challenge of choosing between assuming the terms advanced by the employer or risk missing out on the job. Implied terms are those that are not outlined expressly in the contract, but come up due to the circumstances into which the contract is entered. In practical terms, all the contracts of employment are characterized by the presence of the implied terms. Essentially, they are more highly used by the employees than their bosses, but can as well apply to employers in some situations.

The law of employment contracts come into play to tackle this issue through, among other things, bringing onboard implied terms into the contracts. With the presence of many implied terms as advanced by the law, the obligation of mutual trust and confidence is the most important as cited by different stakeholders within justice circles (Freedland et al., 2016). In the modern working environment, mutual trust and confidence have become like a default condition in the government of employment relations…………………………………..To access the rest of the solution for $10, please click on the purchase button.