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Employer's subjective intention irrelevant in trust and confidence cases? (News, 22 October 2013)

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Published on: 22 October 2013

Published by a LexisNexis Employment expert

Table of contents

The impact of the case
Comment
Relevant background law
The facts and the ET proceedings
The judgment of the EAT

Article summary

The test in constructive dismissal cases in which the alleged repudiatory breach is of the implied term of trust and confidence remains as set out in the authorities from Woods v WM Car Services onwards, namely that the tribunal has to consider objectively whether the conduct complained of was likely to destroy or seriously damage the relationship of trust and confidence between employer and employee. In those circumstances the employer is taken to have the objective intention no longer to be bound by the contract. In a questionable decision, the EAT held that in those circumstances the subjective intention of the employer is irrelevant. EAT: The Leeds Dental Team v Rose.

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