Breakdown in trust and confidence
[page 70]The implied duty not to damage trust and confidence applies to both employer and employee.
When the employer breaches the duty, it gives rise to a claim of constructive dismissal by the employee (see Chapter 7).
When an employee breaches this duty in a serious way it can lead to a fair dismissal for SOSR. Employers must not use mutual trust and confidence as a “convenient label to stick on any situation” to justify a dismissal (Leach v OFCOM [2012] EWCA Civ 959).
In most cases of relationship breakdown, the employer must give the employee at least one genuine chance to show that they can work alongside their colleagues (Phoenix House Limited v Stockman [2016] UKEAT/0264). Other options should be considered before dismissal, such as redeployment, mediation and training.