An employer acted in breach of the implied contractual duty of trust and confidence when it failed to offer an employee new, enhanced contractual redundancy terms given to all other permanent employees, in the genuine but mistaken belief that he was not a permanent employee, holds the Court of Appeal in Transco plc v O'Brien.
Continuing our regular series on the implications of recent significant cases, Sarah Keeble, a partner in the Olswang Employment Group, looks at the issues.
In King v University Court of the University of St Andrews, 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.
In Eastwood and Williams v Magnox Electric plc, the Court of Appeal holds that employees who claimed that they were subjected to months of bullying and harassment and then unfairly dismissed, could not bring a county court claim for damages for breach of either the implied term of mutual trust and confidence or the duty of care owed by the employer to the employee.
Continuing our regular series spelling out the implications of important cases heard recently in the appeal courts. Paul White and Charlotte Hamer look at the issues
In Dunlop Tyres Ltd v Blows, the Court of Appeal holds that the EAT erred in discounting the evidence of a long-established practice in seeking to find the correct interpretation of contractual overtime provisions.
In BG plc v O'Brien, 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.
The EAT holds in Hilton v Shiner Ltd that an employment tribunal had erred in holding, without giving reasons, that there was no fundamental change in an employee's contract in circumstances where the employee had been demoted from a position which included serving customers and the handling of money to one in which he was not allowed to do either.
In Chequepoint (UK) Ltd v Radwan, the Court of Appeal upholds an employment tribunal's award of damages to a dismissed employee in respect of unpaid bonuses.
HR and legal information and guidance relating to implied contractual terms.