Identifying the Contract of Employment. Identifying the Contract of Employment: Difficulties in Categorisation. The Formation of the Employment Contract. Misrepresentation. Variation of the Contract.Mutuality of Obligation. Implied Terms. The Duty of Mutual Trust and Confidence. The Control of Discretion. The Duty of Reasonable Care. The Work-Wage Bargain. The Duty of Fidelity. Restrictive Covena nts. Incorporation of Terms. Custom and Practice. Interpretation. The Role of UCTA. Termination (1). Termination (2): Other forms of termination. Damages.