Source: All England Reporter
Publisher Citation: [2002] All ER (D) 80 (Mar)
Court: Court of Appeal, Civil Division

Pill, Longmore LJJ and Sir Martin Nourse

Representation Philip Mead (instructed by John-Phillip) for the complainant.
  Richard Leiper (instructed by the Legal Services Department, BG plc, Dorking) for the employer.
Judgment Dates: 7 March 2002


Employment - Contract of service - Implied term - Implied term in contract of employment that employer would not conduct itself in manner likely to damage relationship of trust and confidence between employer and employee - Employer offering all employees but complainant new contracts of employment - Whether implied duty of trust and confidence extending to variation of existing, or offer of new, contract of employment.

The Case

There was no reason why the implied duty of trust and confidence in a contract of employment should not, in appropriate circumstances, impose an obligation on an employer to offer an employee a variation in their contract, or a new contract.

Practice Areas

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