| Commentary

(3) Oral express terms

| Commentary

(3)     Oral express terms

There may be a tendency to think of express terms as being purely written terms, but in line with ordinary contract law the parties may also conclude an oral contract or, more significantly in the employment sphere, oral terms as well as written. These might arise, for example, from discussions at the recruitment stage or at interview which may reflect the actual agreement, especially if the employee is then just given a fairly bog standard off-the-peg contract which does not refer to the issue or issues in question. The equal status of written and oral terms can be seen as suiting the often relatively informal realities of employment. Moreover it can be important legally in casting doubt on any attempt by an employer to 'entrench'

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