Employment Relationship in UK Law

Leading Cases
  • Malik and Mahmud v Bank of Credit and Commerce International SA
    • House of Lords
    • 12 Jun 1997

    I can see no justification for the law giving the employee a remedy if the unjustified trust-destroying conduct occurs in some ways but refusing a remedy if it occurs in others. The conduct must, of course, impinge on the relationship in the sense that, looked at objectively, it is likely to destroy or seriously damage the degree of trust and confidence the employee is reasonably entitled to have in his employer.

    The evolution of the term is a comparatively recent development. The obligation probably has its origin in the general duty of co-operation between contracting parties: B.A. Hepple, Employment Law, 4th ed. The reason for this development is part of the history of the development of employment law in this century.

  • Lewis v Motorworld Garages Ltd
    • Court of Appeal (Civil Division)
    • 01 Ago 1985

    On the other hand it is now established that the repudiatory conduct may consist of a series of acts or incidents, some of them perhaps quite trivial, which cumulatively amount to a repudiatory breach of the implied term of the contract of employment that the employer will not, without reasonable and proper cause, conduct himself in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee: see Woods v. W.M.Car Services (Peterborough) Ltd. [1981] ICR 666 in the Employment Appeal Tribunal.

    (c) The breach of this implied obligation of trust and confidence may consist of a series of actions on the part of the employer which cumulatively amount to a breach of the term, though each individual incident may not do so. In particular in such a case the last action of the employer which leads to the employee leaving need not itself be a breach of contract; the question is, does the cumulative series of acts taken together amount to a breach of the implied term?

  • Western Excavating (ECC) Ltd v Sharp
    • Court of Appeal (Civil Division)
    • 14 Nov 1977

    If theemployer is guilty of conduct which is a significant breach going to the root of the contract of employment; or which shows that the employer no longer intends to be bound by one or more of the essential terms of the contract; then the employee is entitled to treat himself as discharged from any further performance. If he does so, then he terminates the contract by reason of the employer's conduct.

  • Walls Meat Company Ltd v Khan
    • Court of Appeal (Civil Division)
    • 24 Oct 1978

    The performance of an act, in this case the presentation of a complaint, is not reasonably practicable if there is some impediment which reasonably prevents, or interferes with, or inhibits, such performance.

  • Abernethy v Mott, Hay and Anderson
    • Court of Appeal (Civil Division)
    • 06 Feb 1974

    A reason for the dismissal of an employee is a set of facts known to the employer, or it may be of beliefs held by him, which cause him to dismiss the employee. If at the time of his dismissal the employer gives a reason for it, that is no doubt evidence, at any rate, as against him, as to the real reason, but it does notnecessarily constitute the real reason.

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Legislation
  • Employment Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ......employee who satisfies specified conditions— . . (a) as to duration of employment,. . . (b) as to relationship with a newborn, or expected, child, and. . . (c) as to relationship with the child's mother,. . . to be absent from work on leave under this ......
  • Equality Act 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ...... the law relating to rights and responsibilities in family relationships; and for connected purposes. . [8th April 2010] . . Be it enacted by ... Employees . Chapter 1. . . Employment, etc. . Employees . S-39 . Employees and applicants 39 ......
  • Trade Union and Labour Relations Act 1974
    • UK Non-devolved
    • 1 de Enero de 1974
    ......( a . ) that it induces another person to break a contract of. employment; or. .   . ( b . ) that it consists in his threatening that a contract ... . (6) In this section— . ‘employment’ includes any relationship whereby one. person personally does work or performs services for. ......
  • Immigration Act 2016
    • UK Non-devolved
    • 1 de Enero de 2016
    ...... connection with prohibition orders made under section 3A of the Employment Agencies Act 1973,. . . (b) any function of an officer acting for the ... S-13 . Relationship with other agencies: requests for assistance 13 Relationship with other ......
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Books & Journal Articles
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Law Firm Commentaries
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