The Dean and Chapter of Westminster Abbey were justified in summarily dismissing the Abbey's organist and his wife, its concert secretary, in the determination of a retired Law Lord in Neary and another v Dean of Westminster.
In Wojcik v Amtico Co Ltd, the Employment Appeals Tribunal upholds a decision of the Birmingham industrial tribunal rejecting the appellant's claim that his employers had breached the relationship of trust and confidence between them by failing to disclose a safety report to him.
In making the Working Time Regulations, Parliament intended that all contracts of employment must be read so as to provide that an employee should work no more than an average of 48 hours per week during any 17-week reference period, holds the High Court in Barber and others v RJB Mining (UK) Ltd.
A summary dismissal in breach of the employer's disciplinary procedures could not amount to a breach of the implied duty of mutual trust and confidence in respect of which damages for wrongful dismissal were recoverable, holds the Court of Appeal in Johnson v Unisys Ltd.
In French v Barclays Bank plc, the Court of Appeal holds that a detrimental change in the terms on which a bridging loan was made to an employee who had been requested to relocate was a breach of the implied term of his contract of employment that the employer would not act so as to destroy the trust and confidence existing as between the employer and him.
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.
In Hill v General Accident Fire and Life Assurance Corporation plc, the Outer House of the Court of Session holds that there was no breach of the implied duty of mutual trust and confidence when an employer made an employee redundant while he was in receipt of contractual sick pay and had a prospective contractual entitlement to long-term sickness benefit.
An ex-employee who made negative remarks about the financial situation and management of the company from which he had resigned as managing director did not breach the limited implied duty of confidentiality which binds a former employee, holds the Court of Appeal in Brooks v Olyslager OMS (UK) Ltd.
In the absence of an express contractual term entitling a bookmaker to send the senior dealer in its spread-betting business on garden leave, it was under an obligation to allow him to perform the duties of the post to which it had appointed him in accordance with his contract both during his notice period and before he gave in his notice, holds the Court of Appeal in William Hill Organisation Ltd v Tucker.
In Hailstones v Staffordshire County Council, the Court of Appeal holds that it was an implied term of an employee's contract that he had a right to appeal against the imposition of a disciplinary sanction - in this case a transfer to a different workplace - as an alternative to dismissal, in view of the fact that the contract contained express rights of appeal against a decision to dismiss and against warnings imposed in accordance with the disciplinary procedure.
HR and legal information and guidance relating to implied contractual terms.