Employment Law

Employment Law

Introduction;

"To what extent does the obligation to maintain mutual trust and

confidence ensure fair dealing between the employer and employee in

respect of disciplinary proceedings, suspension of an employee and

dismissal?"

Mutual trust and confidence:-

There are certain duties that an employer has to apply to its

employee. This is to obtain a mutual obligation of trust and

confidence between each other. A duty of cooperation is owed, if the

employer doesn't show a duty of cooperation to the employee, this then

can lead the employee to terminate the contract, sue or affirm the

breech and continue.

In the employment contract of the employee a duty of mutual trust and

confidence will show a positive impact on the employer when warning

the employee who is exercise the important rights in terms of the

employment contract. However the duty of mutual trust and confidence

can benefit to alert the employee of making a financial mistake. This

will destroy the relationship between the two. (University of

Nottingham v (1) Eyett (2) The Pensions Ombudsman [1999] IRLR 87).

A local authority councillor had commented to a council employee that

verbal abuse and accusations of dishonesty, during duties were carried

out on the council premises that breach of the duty of mutual trust

and confidence should be taken into account and gave the rights to an

employee to resign from the organisation and claim against

constructive dismissal. The employer should have the duty of providing

a safe and friendly working environment which made life easier for all

employees's to tolerate the conduct. (Moores v Bude-Stratton Tow...

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...equal opportunity can be

raised; the employer should take this into account. The business

should clearly state that its clear to third parties, that grievance

is considered a serious matter and action will be taken as a business

has the right to protect its employees to maintain a mutual trust and

confidence.

In an incidence, if a employee is dismissed, lead to disciplinary

hearing or their is a right to claim against unfair dismissal at the

employment tribunal. The employers need to make sure they have

followed the statutory procedures if they are dismissing a worker.

Bibliography

Websites:-

www.emplaw.co.uk

www.acas.org.uk

www.employmentappeals.gov.uk

www.blackstonechambers.com/pdfiles

www.canter-law.co.uk

www.msnsearch.com

www.google.com

Lecture notes were also used.