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Terms in contracts can be express or implied. As a general rule, implied terms can not override express terms. However, sometimes it can be argued that although an implied term does not override an express term, the implied term is really evidence of a variation to the original contract rather than an implied term of the original contract itself.
Terms can be implied by:
1. Conduct
2. Officious bystander test. To pass this test, a term must be so obvious that an officious bystander looking at the facts would conclude that the parties intended the term to have contractual effect
3. Custom. To be implied by custom, the term must be reasonable (fair), notorious (well known, but not necessarily universal) and certain (precise).
4. Business efficacy. To pass this test the term must be necessary for the contract to work properly.
5. Characteristic terms. These are terms implied into all contracts of employment, for example the implied term of trust and confidence.
Discrimination can be direct or indirect. Indirect discrimination is where there is a requirement, condition, provision, criterion or practice which has an adverse impact on one group disproportionately. However, such discrimination is not unlawful if it can be justified by the employer.
Indirect discrimination applies to sex, sexual orientation, race, religion and age discrimination. For disability discrimination the definitions are a little different. In addition to direct disability discrimination there is disability-related discrimination and a duty to make reasonable adjustments.
An employee has a right to be given by his employer, at or before the time at which any payment of wages or salary is made to him, a written itemised pay statement.
The statement should include the gross pay, details of deductions from gross pay (eg tax and national insurance), the net pay and, if the net pay is paid in different ways, the amount and method of payment of each part.
If an employer fails to provide an itemised pay statement or deductions are made which are not notified an employee can apply to an Employment Tribunal for a declaration to that effect. The Tribunal also has discretion to award compensation to the employee of a sum up to the value of the unnotified deductions for the thirteen weeks up to the date of the application to the Tribunal.
