Discover the most common type of constructive dismissal claim: that involving a breach of the implied term of trust and confidence. I'll talk about the legal definition first, and then give you several examples of how it works in practice, including dodgy disciplinaries and grievance processes, making negative comments, overstepping the managerial mark, bonues and payrises, and other examples.

0:00 Intro
1:27 Legal definition of 'trust and confidence'
4:42 What does 'reasonable and proper cause' mean?
6:26 What sort of things can breach the implied duty of trust and confidence?
6:53 Disciplinary and grievance processes
9:32 Negative comments about an employee
11:54 Overstepping the managerial mark
13:00 Bonuses and pay rises
14:45 Other things that can breach trust and confidence

CASES MENTIONED
Malik v Bank of Credit and Commerce International [1997] IRLR 462
Tullett Prebon v BGC Brokers [2011] IRLR 420
Transco v O'Brien [2002] IRLR 444
Hilton v Shiner [2001] IRLR 727
Amnesty International v Ahmed [2009] IRLR 884
Blackburn v Aldi [2013] IRLR 846
RDF Media v Clements [2008] IRLR 207
United Bank v Akhtar [1989] IRLR 507
UB v Elsworthy (EAT/254/91)

MY BOOKS
Employment Law Handbook http://www.employmentlawhandbook.co.uk
Resolving Grievances https://go.danielbarnett.com/books/gr...
Constructive Dismissal https://go.danielbarnett.com/books/co...
Employee Investigations https://go.danielbarnett.com/books/in...
Deconstructing TUPE https://go.danielbarnett.com/books/tupe'>https://go.danielbarnett.com/books/tupe
All small books https://go.danielbarnett.com/books

FREE STUFF
Employment law updates http://www.danielbarnett.co.uk
Employer’s guide to redundancy https://go.danielbarnett.com/free/red...
Podcast https://go.danielbarnett.com/podcast'>https://go.danielbarnett.com/podcast
Sources of free legal advice (video)    • 15 ways to get FREE legal advice  
Deconstructing TUPE (video course) https://go.danielbarnett.com/courses/...

PRODUCTS, MEMBERSHIPS AND COURSES:
Virtual Employment Law Academy https://virtualemploymentlawacademy.com
The HR Inner Circle https://hrinnercircle.co.uk
HR Policies https://policies2023.com
Chat GPT for lawyers & HR https://danielbarnett.com/chatgpt/
Getting Redundancy Right https://gettingredundancyright.com
Changing Terms and Conditions course https://courses.virtualemploymentlawa...
Marketing your Employment Law Practice https://go.danielbarnett.com/courses/...
Ownbranded email updates for solicitors www.employmentlawbulletins.com


WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website (http://www.danielbarnett.co.uk) and work out of a set of Chambers in London (http://www.outertemple.com). I have a weekly podcast (https://go.danielbarnett.com/podcast'>https://go.danielbarnett.com/podcast) and am often asked to speak on the national and international legal and HR lecture circuits. I’ve written about fifteen legal textbooks (the main one is http://www.employmentlawhandbook.co.uk) and run a membership club for smart, ambitious HR Professionals (http://www.hrinnercircle.co.uk). I present the legal hour on LBC Radio (http://www.lbc.co.uk), the UK’s leading commercial talk radio station with an audience of 2.8m listeners, every Saturday night at 9pm.

☎ CONTACT ME:
If you’d like to talk, I’d love to hear from you.
Twitter / X:   / daniel_barnett  
Mailing list: https://www.danielbarnett.co.uk/site/...
Podcast: https://go.danielbarnett.com/podcast'>https://go.danielbarnett.com/podcast
Subscribe to this channel click ‘SUBSCRIBE’ above

Tweeting @daniel_barnett directly is the quickest way to get a response. Sadly there aren’t enough hours in the day to respond to everyone , but I promise I read all messages.


♨ IMPORTANT INFORMATION:
This video is published by Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded (July 2021), the law may have changed since then. You should always seek your own independent legal advice. Please note that for employment law, the law explained applies to England, Scotland and Wales. For all other areas of law, it applies to England only.

PS: Some of the links in this description are to my own products or are affiliate links that I get a commission from.