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Duty of trust and confidence: Singling out employee led to breach of trust and confidence duty

This report relates to 1 case(s)

In BG plc v O'Brien 14.5.01 EAT 1063/99, the EAT holds that an employer was in breach of contract when it denied an employee the benefit of a contractual redundancy package because it had not appreciated that his employment status was that of a "permanent" employee. Moreover, the fact that the employee was the only one out of 75 employees not to receive this benefit amounted to conduct capable of being an act calculated seriously to damage or destroy the trust and confidence between the employer and that one employee. An employment tribunal had not erred in its holding that the employer was in breach of its implied duty of trust and confidence and in particular, in its duty to treat employees in a fair and even-handed manner.