The following Employment practice note provides comprehensive and up to date legal information covering:
Every contract of employment is treated as containing an imposed term of trust and confidence. This requires employers and employees not to conduct themselves, without reasonable and proper cause, in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee. The term can affect every aspect of the relationship between employer and employee and creates a 'catch all' means of describing unreasonable conduct in employment. It is a two-way duty, binding on both employer and employee.
Mutual trust and confidence has two different strands:
treating each other with respect and civility
not treating each other in a wholly unreasonable manner (it is not possible to say there is a positive duty to act reasonably)
Not all forms of unreasonable behaviour would be a breach of this term. It must be sufficiently bad that it would destroy or seriously damage the relationship of trust and confidence, not merely something that would irritate or cause a minor problem. However, bad behaviour or conduct in an extremely wide variety of acts or omissions can be a breach of the trust and confidence:
failing to make a reasonable adjustment required by the disability discrimination legislation
failing to notify an employee who was on maternity leave of a job vacancy for which she would have applied had she known of it
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
The right to notice means a right for the employee to remain in employment for the period of notice, not simply to be paid for it. An employer will therefore often include in the contract an express right to make a payment in lieu of notice ('PILON') as an alternative to giving notice, to ensure
Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners dealing with provisions in the CPR relevant to cross border matters, including CPR 5.4C (discussed below). For guidance on the impact of Brexit on the CPR, see Cross border
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.