Mutual trust and confidence
Encyclopedia
Mutual trust and confidence is a phrase used in English law
, particularly with reference to contracts in UK labour law, to refer to the obligations owed in an employment relationship between the employer and the worker.
This concept relates to a new but highly important concept in employment law, and constitutes a term that is implied into all employment contracts. The implied term means that both the employer and employee should behave in such a way as to not undermine the employment relationship.
Academics now talk of the duty of good faith in the employment relationship. (ie both parties should "look out" for each other)
It is such an important issue that this implied term can override (in certain circumstances) an express term of the employment contract. eg excessive hours for junior doctors (See the Court of Appeal decision in Johnstone v. Bloomsbury Health Authority)
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, particularly with reference to contracts in UK labour law, to refer to the obligations owed in an employment relationship between the employer and the worker.
This concept relates to a new but highly important concept in employment law, and constitutes a term that is implied into all employment contracts. The implied term means that both the employer and employee should behave in such a way as to not undermine the employment relationship.
Academics now talk of the duty of good faith in the employment relationship. (ie both parties should "look out" for each other)
It is such an important issue that this implied term can override (in certain circumstances) an express term of the employment contract. eg excessive hours for junior doctors (See the Court of Appeal decision in Johnstone v. Bloomsbury Health Authority)
- Mahmud and Malik v Bank of Credit and Commerce International SA [1998] AC 20
- Wilson v RacherWilson v RacherWilson v Racher [1974] ICR 428 is a UK labour law case concerning constructive dismissal. It serves as an example of an employer being found to have wrongfully dismissed an employee, because of the employer's own bad behaviour...
[1974] ICR 428 - The Post Office v Roberts [1980] IRLR 347
- Transco plc v O’BrienTransco plc v O’BrienTransco plc v O’Brien [2002] is a UK labour law case concerning the contract of employment.-Facts:Mr O’Brien worked through an employment agency. He moved to an hourly wage...
[2002] EWCA Civ 379 - Eastwood v Magnox Electric plcEastwood v Magnox Electric plcEastwood v Magnox Electric plc [2004] is a UK labour law case concerning damages for wrongful dismissal, which were held to not be limited if a breach of contract occurs during the performance of the contract, rather than at the point of termination....
[2004] UKHL 35 - Mallone v BPB Industries plc [2002] EWCA Civ 126
- Luke v Stoke County CouncilLuke v Stoke County CouncilLuke v Stoke-on-Trent County Council [2007] is a UK labour law case, concerning the test for an implied term.-Facts:Mrs Beryl Luke was a special needs teacher for Stoke. She had a dispute with the headmaster and went off sick from October 2002 to April 2003...
[2007] EWCA Civ 761