This article considers the potential for implied terms in the contract of employment to protect employees’ human rights. The slim prospects of legislative action in this area make it important to consider common law means of protecting human rights at work. Part 2 begins by setting out the function of implied terms in the contract of employment and the various ways human rights can affect the legal regulation of the employment relationship. Part 3 considers the extent to which the implied term of trust and confidence can protect employees’ human rights. While there are numerous points of overlap between trust and confidence and human rights, both the scope of the implied term and the level of protection it provides mean that it is currently an inadequate mechanism for protecting human rights at work. Part 4 then assesses the prospects of a new human rights term being implied into the contract of employment using the existing tests for terms implied ‘in fact’ and ‘in law’, and develops a prima facie case in favour of implying a human rights protective term into all employment contracts as a default rule.

中文翻译：

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雇佣合同中的隐含条款和人权

本文考虑了在雇佣合同中隐含条款保护雇员人权的可能性。该领域立法行动的前景渺茫，因此考虑保护工作中人权的普通法手段非常重要。第 2 部分首先阐述了雇佣合同中隐含条款的功能以及人权影响雇佣关系法律规定的各种方式。第 3 部分考虑隐含的信任和信心条款可以在多大程度上保护员工的人权。虽然信任和信心与人权之间有许多重叠点，但隐含条款的范围和它提供的保护水平都意味着它目前在保护工作中的人权方面是一个不充分的机制。