Common implied terms of the employment contract

Implied terms owed by the employer

Implied duty of mutual trust and confidence

There is an implied duty in every contract of employment not to act in a way calculated or likely to destroy or seriously damage the duty of mutual trust and confidence (Malik v BCCI [1997] UKHL23, Baldwin v Brighton and Hove City Council [2006] UKEAT0240/06/1412). It is a mutual duty. In other words, it is owed by both employer and employee. Breach of this duty is often relied on to support claims for constructive dismissal. For examples, see LRD’s annual publication, Law at Work.