Mello Jones & Martin · Barristers and Attorneys

The Implied Term of Trust and Confidence in the Contract of Employment

Juliana M. Snelling · June 1st, 2006

bq. "The contribution of the common law to the employment revolution has been by the evolution of implied terms in the contract of employment. The most far reaching is the implied term of trust and confidence." Johnson v Unisys Ltd [2000] UKHL 13, [2003] 1 AC 518 per Lord Hoffman

Table of Contents

  • Historical Background
  • Unqualified Approval of the Implied Term by the House of Lords
  • The Test itself
  • Bermuda Recognition
  • Application to Pension Schemes
  • Can the implied term create new positive obligations?
  • The implied term’s co-existence with inconsistent express terms
  • The Unsatisfactory State of the Law

Request to have this publication sent to you. In the "message" field, please include the title of the article you are requesting and your preferred method for delivery, either CD format by mail or PDF format by email.