LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 10

Dismissals due to breakdown in trust and confidence 





[ch 10: page 355]

A breakdown in trust and confidence can lead to a fair dismissal for “some other substantial reason” (Huggins v Micrel Semiconductor (UK) [2004] All ER (D) 07). The Court of Appeal has warned that employers must not use the duty of 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, it is unfair to dismiss an employee for breakdown of trust and confidence without offering at least one genuine chance to show that they can work harmoniously with their colleagues (Phoenix House Limited v Stockman [2016] UKEAT/0264).
Other options should normally be considered before dismissal, such as redeployment, mediation and training.