The Duty of Trust and ConfidencePosted in : Essential Guide to Employment Contracts on 19 July 2016
The duty of trust and confidence is a term that is implied into every contract of employment.
The duty is owed by both parties to the contract and requires both parties not to act in a way that is designed or likely to damage or cause the relationship to break down. It is a very wide term that applies to every aspect of the relationship between employer and employee.
Case law has developed to establish two separate elements of the duty of mutual trust and confidence – to treat each other with respect and consideration and not to act unreasonably. These elements developed from case to case and were eventually affirmed by the House of Lords in the leading case of Malik v Bank
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