The Duty of Trust and Confidence

Posted in : Essential Guide to Employment Contracts on 19 July 2016
Kiera Lee
Mills Selig
Issues covered:

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 of Credit and Commerce International [1997] IRLR 462. The doctrine is stated as follows: the

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This article is correct at 19/07/2016

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kiera Lee
Mills Selig

The main content of this article was provided by Kiera Lee. Contact telephone number is 028 9024 3878 or email

View all articles by Kiera Lee