215. Restrictions on employer when exercising its powers under a pension scheme.

215.     Restrictions on employer when exercising its powers under a pension scheme.

A pension scheme is established against the background of employment and will be determined against that background. In every contract of employment there is an implied term that the employers will not, without reasonable and proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee1. This obligation applies to the exercise of an employer's rights and powers under a pension scheme. A pension trust deed and rules are impliedly subject