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S5E6 - Constructive Dismissal (with Marc Jones)

Employment Law Matters

CHAPTER

The Imposed Obligation of Trust and Confidence - Is That Correct?

The implied obligation extends to any conduct by the employer likely to destroy or seriously damage the relationship of trust and confidence between employer and employee. There are actually five definitions, weren't there in the judgment? They're all very, very slightly different. The second is a consequence of an employer's actions. So if you were looking at the second part, something that was likely that could be say a poor handling of agreements. But whereas say, subjecting an employee to disciplinary proceedings, which are manifestly unreasonable, that is something you could argue with calculated to destroy the implied term of trust andconfidence.

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