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Contracts of employment: Implied duty of mutual trust and confidence may have positive content

This report relates to 1 case(s)

The principle underlying the implication of the duty of mutual trust and confidence into contracts of employment does not necessarily exclude the possibility that it may, in appropriate circumstances, have a positive as opposed to a merely negative content, says the High Court in University of Nottingham v Eyett and another 13.11.98 High Court. However, the Court holds that the implied duty did not include a positive obligation on an employer to warn an employee that the date on which he was proposing to take early retirement might not be the most financially advantageous to him.