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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
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.