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23 October 2015 / Alex Leslie
Issue: 7673 / Categories: Features , Employment
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Careering ahead

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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

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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