This is a preview. To continue reading please log in or Register to read this article

Implied term of trust and confidence: Employer breached trust and confidence term in disabled employee's contract

This report relates to 1 case(s)

  • expand disabled

    Meikle v Nottinghamshire County Council EAT/0033/03 (0 other reports)

In Meikle v Nottinghamshire County Council 26.9.03 EAT 0033/03 RN, the EAT holds that an employment tribunal erred in law in applying a subjective test rather than the correct objective test to the issue of whether the employer had acted in repudiatory breach of the implied contractual trust and confidence term. Instead of focusing on the conduct of the employer, the tribunal speculated about the state of mind of the employee, highlighting the fact that she sought re-engagement as the remedy for her constructive unfair dismissal complaint, and then perversely concluded that the relationship of trust and confidence still subsisted between the parties.