| Commentary

(6) Dismissal

| Commentary

(6)     Dismissal

Returning to the House of Lords recognition of the implied T&C term in Malik v Bank of Credit and Commerce International SA [1997] IRLR 462, [1997] 3 All ER 1, unlike the vast majority of the cases in which the T&C has been considered and applied, this was not an unfair dismissal claim but rather a claim for 'stigma' damages by two former employees of BCCI. The claim was that the employee's mere association with an organisation which had been shown to be fraudulent and corrupt (though the employees themselves were innocent) had effectively blighted their ability to find alternative employment. Lord Steyn commenting on the T&C terms said:

'`The employees do not rely on a term implied in fact. They do not, therefore, rely on an individualised term to be implied from the particular provisions of their employment contracts

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