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Implied terms: Implied trust and confidence duty continues until decision to dismiss is made

This report relates to 1 case(s)

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    King v University Court of the University of St Andrews [2002] IRLR 252 CS (0 other reports)

In King v University Court of the University of St Andrews [2002] IRLR 252, the Court of Session, Outer House, holds that the term of trust and confidence is to be implied throughout all aspects of the ongoing relationship between employer and employee and only ceases to apply once the decision to dismiss has been taken. The employee's contract of employment required that good cause be shown for any dismissal; the implied duty of trust and confidence applied to the investigation and evaluation of whether such good cause was shown.