The Duty of Trust and Confidence
Published on: 19/07/2016
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Kiera Lee Partner, Mills Selig
Kiera Lee Partner, Mills Selig
Kiera lee

Kiera has over 20 years’ experience in employment law,  acting for employers in contentious and non-contentious matters. Her client list includes leading NI Companies and large employers.

Kiera’s experience covers day to day HR problems and complex restructuring issues. She has given advice on a restructure and redundancy programme involving more than 800 employees, defended multi claimant tribunal claims for unfair dismissal arising from TUPE transfers. She recently advised on the high-profile acquisition of Wrightbus and the sale of Novosco.

She also assists with strategic decisions, successfully managing the exit of senior executives including any contentious issues with shareholding and restrictive covenants.

What the legal press says about Kiera:

  • heads the department and handles contentious and non-contentious employment matters. Sources speak to her solid reputation and commend her commercial outlook, calling her a “business-focused employment lawyer.”
  • provides “an excellent level of service”
  • “has an excellent grasp of the commercial aspects of employment law.”
  • She is commercial, pragmatic and knows which battles to fight.
  • ...an excellent service in a timely manner
  • ...knowledgeable

The duty is owed by both parties to the contract and requires both parties not to act in a way that is designed or likely to damage or cause the relationship to break down. It is a very wide term that applies to every aspect of the relationship between employer and employee.


Background

Case law has developed to establish two separate elements of the duty of mutual trust and confidence – to treat each other with respect and consideration and not to act unreasonably. These elements developed from case to case and were eventually affirmed by the House of Lords in the leading case of Malik v Bank of Credit and Commerce International [1997] IRLR 462. The doctrine is stated

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 19/07/2016