Case re cumulative breach of duty of trust and confidence - Kaur v Leeds Teaching Hospitals NHS Trust [CA] 01.05.18 (Unreported)


Wed, 02 May 2018

The Court of Appeal confirmed that an employee who claimed constructive unfair dismissal because of a continuing cumulative breach of the implied duty of trust and confidence was entitled to rely on the totality of the employer's acts notwithstanding a prior affirmation of the contract, provided that the later act, the "last straw", formed part of the series. The effect of the final act was to revive their right to terminate their employment based on the totality of conduct. The court set out a series of questions for a tribunal to ask itself in such cases.




Category: Employment »  Dismissal; Trust and confidence. Area(s) of law: Employment.
Source: [2018] EWCA Civ 978

 

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