Unfair dismissal

The test in respect of whether or not there had been a breach of the implied term of trust and confidence did not require a tribunal to make a factual finding as to what the actual intention of the employer was; the employer’s subjective intention was irrelevant. If the employer acted in such a way, considered objectively, that his conduct was likely to destroy or seriously damage the relationship of trust and confidence, then he was taken to have the objective intention spoken of. There was no difference in practice between the test laid down by authorities over the past 30 years and the test adopted in Tullett Prebon plc v BGC Brokers LP [2011] IRLR 420.