"To what extent does the obligation to maintain mutual trust and
confidence ensure fair dealing between the employer and employee in
respect of disciplinary proceedings, suspension of an employee and
Mutual trust and confidence:-
There are certain duties that an employer has to apply to its
employee. This is to obtain a mutual obligation of trust and
confidence between each other. A duty of cooperation is owed, if the
employer doesn't show a duty of cooperation to the employee, this then
can lead the employee to terminate the contract, sue or affirm the
breech and continue.
In the employment contract of the employee a duty of mutual trust and
confidence will show a positive impact on the employer when warning
the employee who is exercise the important rights in terms of the
employment contract. However the duty of mutual trust and confidence
can benefit to alert the employee of making a financial mistake. This
will destroy the relationship between the two. (University of
Nottingham v (1) Eyett (2) The Pensions Ombudsman  IRLR 87).
A local authority councillor had commented to a council employee that
verbal abuse and accusations of dishonesty, during duties were carried
out on the council premises that breach of the duty of mutual trust
and confidence should be taken into account and gave the rights to an
employee to resign from the organisation and claim against
constructive dismissal. The employer should have the duty of providing
a safe and friendly working environment which made life easier for all
employees's to tolerate the conduct. (Moores v Bude-Stratton Town
Council  IRLR 676).
The Employment tribunal's one main function is to examine the
employers conduct to judge whether or not its conduct is acceptable
and sensible so that the employee can tolerate the conduct. A related
case (Woods v W M Car Services (Peterborough) Ltd  IRLR 413,
approved in Malik & Anor v Bank of Credit and Commerce International
SA  IRLR 462). The employer who destroyed and serious damage of
the relationship of trust and confidence between the employer and
employee was due to the conduct of the employer.
Some examples of breeches by employers which have taken place
previously are: permitting an employee to be the victim of persistent
verbal abuse/sexual harassment (Reed v Steadman  IRLR 299),
health and safety, making an unsubstantiated allegation of theft
(Robinson v crompton Robinson  ICR 401).
Dismissal and Disciplinary procedures:-
The employment Act 2002 was introduced the Dismissal and Disciplinary
procedures. This act will only be followed by employees who have
worked 12 months or longer for a business. "If employer fails to
follow the procedure, they will be forced to have action...