Trust and Confidence and the Wrongful Dismissal Claim

In recent years, the expansion of the scope of the terms which are implied into the employment contract and, in particular, the implied term requiring both employer and employee to maintain mutual trust and confidence, has been remorseless. Recent caselaw has grappled particularly with the limitation on contractual damages claims. The implied duty to maintain trust and confidence has played a key part in attempts to widen the scope of potential recovery by employees. This article discusses: - implied duty; - avoiding the addis rule; - the fact and manner of dismissal; - trust and confidence and investigation of misconduct; - widening of the scope for avoiding addis; and - recent cases.