Article summary
Employment analysis: In all but the most unusual of cases, the implied term of trust and confidence must import an obligation not to deliberately mislead. That does not mean an employer is necessarily placed under some broader obligation to volunteer information, but where a choice has been made to do so, the implied term must require that it is done in good faith. In circumstances in which an employer had lied about the reason for a dismissal it had breached the implied term of trust and confidence and, because it had done so to keep the relationship alive so that a replacement could be found, it did not relate to the manner of dismissal and so the employee could bring a claim of breach of contract in respect of it when he chose to resign, according to the EAT.
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