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Mutual Trust and Confidence

Mutual Trust and Confidence
Malik & Mahmud v BCCI [1988] AC 20 (HL)

‘…the employer shall not … 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:’ (Lord Steyn, at 45)
M Freedland and S Deakin, ‘Mutual trust and confidence, fiduciary relationships and the duty of disclosure’ (1999) 28(4) ILJ 348-360; L Barnes, ‘The continuing conceptual crisis in the common law of the contract of employment’ (2004) 67(3)

MLR 435-464
Employers must take reasonable care when supplying a reference

Spring v Guardian Assurance [1995] 2 AC 296 (HL); TSB Bank v Harris [2000] IRLR 157 (EAT)

The test is objective

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.

British Aircraft Corp v Austin [1978] IRLR 332 (EAT)
EMPLOYEE’S DUTIES

Obedience
Turner v Mason (1845) 153 ER 411

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

On Turner v Mason Lord Evershed (700):

‘but 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.’
More generally (700):

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