{"id":123493,"date":"2018-02-20T23:50:30","date_gmt":"2018-02-20T23:50:30","guid":{"rendered":"https:\/\/writemyessayfree.com\/mutual-trust-and-confidence"},"modified":"2017-08-12T07:47:17","modified_gmt":"2017-08-12T07:47:17","slug":"mutual-trust-and-confidence","status":"publish","type":"post","link":"https:\/\/www.benedictsol.com\/blogs\/mutual-trust-and-confidence\/","title":{"rendered":"Mutual Trust and Confidence"},"content":{"rendered":"
\n ‘
\n ‘
\n March 21, 2017<\/time>\n <\/div>\n

<'\">
\n <\/i>0<\/span><\/a>\n <\/div>\n

\n <\/span> <\/span> 0<\/span> <\/a>\n <\/div>\n
\n <\/span>
\n Services<\/a>\n <\/div>\n<\/p><\/div>\n

Mutual Trust and Confidence<\/h2>\n

Mutual Trust and Confidence
Malik & Mahmud v BCCI [1988] AC 20 (HL)<\/p>\n

\u2018\u2026the employer shall not \u2026 without reasonable and proper cause, conduct itself in a manner calculated and likely to destroy or seriously damage the relationship of confidence and trust between employer and employee:\u2019 (Lord Steyn, at 45)
M Freedland and S Deakin, \u2018Mutual trust and confidence, fiduciary relationships and the duty of disclosure\u2019 (1999) 28(4) ILJ 348-360; L Barnes, \u2018The continuing conceptual crisis in the common law of the contract of employment\u2019 (2004) 67(3)<\/p>\n

MLR 435-464
Employers must take reasonable care when supplying a reference<\/p>\n

Spring v Guardian Assurance [1995] 2 AC 296 (HL); TSB Bank v Harris [2000] IRLR 157 (EAT)<\/p>\n

The test is objective<\/p>\n

Parsons v Bristol Street Fourth Investments Ltd (t\/a Bristol Street Motors) (EAT, 8 February 1981) UKEAT\/0581\/07\/DM
Care and Safety
The employer must ensure that there is a safe system of work.<\/p>\n

British Aircraft Corp v Austin [1978] IRLR 332 (EAT)
EMPLOYEE\u2019S DUTIES<\/p>\n

Obedience
Turner v Mason (1845) 153 ER 411<\/p>\n

Disobedience only warrants dismissal if it amounts to a fundamental breach of contract Laws v London Chronicle [1959] 1 WLR 698 (CA)<\/p>\n

On Turner v Mason Lord Evershed (700):<\/p>\n

\u2018but it would in my judgment be going too far to say that any of those judges laid it down as a proposition of law that every act of disobedience of a lawful order must entitle the employer to dismiss. I think that cannot be extracted from the judgments; and I am satisfied that it is too narrow a proposition as one of law.\u2019
More generally (700):<\/p>\n

\n
\n

Share this:<\/h3>\n
\n