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Mutual Trust And Confidence
Mutual trust and confidence is a phrase used in English law, particularly with reference to contracts in UK labour law, to refer to the obligations owed in an employment relationship between the employer and the worker. This concept relates to a new but highly important concept in employment law, and constitutes a term that is implied into all employment contracts. The implied term means that both the employer and employee should behave in such a way as to not undermine the employment relationship. Academics now talk of the duty of good faith in the employment relationship. (i.e. both parties should "look out" for each other) It is such an important issue that this implied term can override (in certain circumstances) an express term of the employment contract. e.g. excessive hours for junior doctors (See the Court of Appeal decision in '' Johnstone v. Bloomsbury Health Authority'') Cases *'' Mahmud and Malik v Bank of Credit and Commerce International SA'' 998AC 20 *''Wilson v R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Luke V Stoke-on-Trent City Council
''Luke v Stoke-on-Trent City Council'' 007EWCA Civ 761is a UK labour law case, concerning the test for an implied term. Facts Mrs Beryl Luke was a special needs teacher for Stoke. She had a dispute with the headmaster and went off sick from October 2002 to April 2003. She alleged bullying and harassment and the council commissioned an independent report on it, which rejected all but one allegation. She would not accept the conclusions. She refused their proposal that she be found equivalent hours elsewhere, because she wanted to return. The council stopped paying her in February 2004. She claimed unlawful deduction of wages. The Employment Tribunal dismissed her claim, saying the council acted reasonably saying she could not return to work unless she accepted the report's conclusions. It was an implied term that she be required to work elsewhere. Employment Appeal Tribunal dismissed her appeal. Judgment Mummery LJ, Laws LJ and Moses LJ also dismissed her appeal. In fact, it ha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Contract Law
English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries across the Commonwealth (such as Australia, Canada, India), from membership in the European Union, continuing membership in Unidroit, and to a lesser extent the United States. Any agreement that is enforceable in court is a contract. A contract is a voluntary obligation, contrasting to the duty to not violate others rights in tort or unjust enrichment. English law places a high value on ensuring people have truly consented to the deals that bind them in court, so long as they comply with statutory and human rights. Generally a contract forms when one person makes an offer, and another person accepts it by communicating their assent or performing the offer's terms. If the terms are certain, and the parties can be presumed from their beha ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Bank Of Australia V Barker
''Commonwealth Bank of Australia v Barker'' is a leading Australian judgment of the High Court which unanimously and firmly rejected the proposition that contracts of employment in Australia should contain an implied term of mutual trust and confidence. Background Factual Background Mr Barker was employed by the Commonwealth Bank from when he left school in 1981. per Besanko J. By 2004 he had been promoted to a position as an executive manager. On 2 March 2009, Mr Barker was told that his position was to be made redundant and that if he was not redeployed within the Bank his employment would be terminated. Mr Barker was placed on paid leave and his access to the Bank's intranet and email facilities was terminated. Having been deprived of access to his Bank email account and voicemail, Mr Barker was not informed about an alternative position within the Bank until 26 March 2009. He was not contacted by the recruitment consultant involved in facilitating the recruitment proce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Good Faith
In human interactions, good faith ( la, bona fides) is a sincere intention to be fair, open, and honest, regardless of the outcome of the interaction. Some Latin phrases have lost their literal meaning over centuries, but that is not the case with ''bona fides'', which is still widely used and interchangeable with its generally-accepted modern-day English translation of ''good faith''. It is an important concept within law and business. The opposed concepts are bad faith, ''mala fides'' (duplicity) and perfidy (pretense). In contemporary English, the usage of ''bona fides'' is synonymous with credentials and identity. The phrase is sometimes used in job advertisements, and should not be confused with the ''bona fide'' occupational qualifications or the employer's good faith effort, as described below. ''Bona fides'' ''Bona fides'' is a Latin phrase meaning "good faith". Its ablative case is ''bona fide'', meaning "in good faith", which is often used as an adjective to mean ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contractual Term
A contractual term is "any provision forming part of a contract". Each term gives rise to a contractual obligation, the breach of which may give rise to litigation. Not all terms are stated expressly and some terms carry less legal gravity as they are peripheral to the objectives of the contract. The terms of a contract are the essence of a contract, and tell the reader what the contract will do. For instance, the price of a good, the time of its promised delivery and the description of the good will all be terms of the contract. Classification of term Condition or Warranty Conditions are major provision terms that go to the very root of a contract breach of which means there has been substantial failure to perform a basic element in the agreement. Breach of a condition will entitle the innocent party to terminate the contract. A warranty is less imperative than a condition, so the contract will survive a breach. Breach of either a condition or a warranty will give rise to dama ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mallone V BPB Industries Plc
''Mallone v BPB Industries plc'' 002EWCA Civ 126 is a UK labour law case, concerning control of an employer's discretion. Facts Mr Giovanni Mallone claimed compensation for BPB plc unreasonably withdrawing his share options after being dismissed. Mallone's contract, as a managing director of BPB's Italian subsidiary, incorporated a share option, where Rule 5(b)(iii) said options be awarded to terminated employees ‘as the directors in their absolute discretion shall determine’. They had passed a resolution under an express rule of the share option scheme, which allowed award of share options to terminated employees in ‘appropriate proportion’. He claimed their exercise of discretion was unreasonable.E McGaughey, A Casebook on Labour Law (2019) 226-227 Judgment The Court of Appeal held the use of the employer's discretion was unreasonable in withdrawing the share options. Rix LJ said the following. Wilson J and Waller LJ agreed. See also *UK labour law United Kingdom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
UK Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can vote for the directors of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eastwood V Magnox Electric Plc
''Eastwood v Magnox Electric plc'' 004UKHL 35is a UK labour law case concerning damages for wrongful dismissal, which were held to not be limited if a breach of contract occurs during the performance of the contract, rather than at the point of termination. Facts Mr Eastwood and Mr Williams, who supported Mr Eastwood in internal investigations, were victimised by the managers at Magnox Electric plc (where Mr Eastwood and Mr Williams were employed) and then sacked after false sexual harassment disciplinaries. They came to an unfair dismissal settlement and then claimed further for wrongful dismissal and damages for psychiatric illness because of breach of good faith. The case was joined with Mr McCabe's claim, who had succeeded in an unfair dismissal claim on grounds that indecent behaviour towards school pupils was never demonstrated, he was not informed of the allegations for 5 months, and the council failed to investigate his case, and then he claimed further for psychiatric i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Transco Plc V O'Brien
is a UK labour law case concerning the contract of employment. Facts Mr O’Brien worked through an employment agency. He moved to an hourly wage. Transco announced it would give better terms to a 70 strong workforce, except Mr O’Brien, who it did not regard as permanent. Judgment Pill LJ gave the judgment for the Court of Appeal held that Mr O'Brien was an employee and that there had been a breach of contract. Longmore LJ and Sir Martin Nourse agreed. See also *UK labour law *Employment contract in English law *''Autoclenz Ltd v Belcher ''Autoclenz Ltd v Belcher'' 011UKSC 41is a landmark UK labour law and English contract law case decided by the Supreme Court of the United Kingdom, concerning the scope of statutory protection of rights for working individuals. It confirmed the ...'' 2 References * United Kingdom labour case law Court of Appeal (England and Wales) cases 2002 in United Kingdom case law">Court of Appeal (England and Wales) cases">United Kingdom la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
