Alex Leslie discusses the irresistible rise of the implied term in the contract of employment
The most powerful term implied into the contract of employment may be the term obliging an employer not to act in a way that undermines or seriously damages the relationship of mutual trust and confidence with the employee, qualified as it is by the proviso not to do so without reasonable and proper cause. The application of implied terms in particular circumstances is interesting.
Chhabra v West London Mental Health NHS Trust
In Chhabra v West London Mental Health NHS Trust [2013] UKSC 80, [2013] All ER (D) 164 (Dec) the court was concerned with the disciplinary investigation of an NHS trust concerning the employee’s conduct, which was largely about breaches of confidentiality by the employee. Early on in the process, the employer gave an undertaking that one of its HR staff would not be further involved in the investigation. Dr Chhabra was interviewed by the appointed trust investigator and a report was produced. The trust procedure then required another person to consider whether there should be a disciplinary hearing. The
