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Industrial Law Journal 2001 30(1):1-16; doi:10.1093/ilj/30.1.1
© 2001 by Industrial Law Society
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The implied term of trust and confidence

Honourable Mr Justice Lindsay

Employment Appeal Tribunal

In this article the Hon Mr Justice Lindsay, President of the Employment Appeal Tribunal, closely analyses the development by the courts of the implied term of trust and confidence. He considers the differing formulations of the terms which the courts have articulated and the possible implications of these differences. He goes on to raise a number of questions about the scope and impact of this implied term. In particular, he asks whether it is to be implied across the board into all types of contracts of employment; and whether it applies to the self-employed; how far it can be excluded or modified by agreement; and he considers the nature and range of the remedies available for its breach.


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