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23 October 2015 / Alex Leslie
Issue: 7673 / Categories: Features , Employment
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Careering ahead

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Alex Leslie discusses the irresistible rise of the implied term in the contract of employment

The most powerful term implied into the contract of employment may be the term obliging an employer not to act in a way that undermines or seriously damages the relationship of mutual trust and confidence with the employee, qualified as it is by the proviso not to do so without reasonable and proper cause. The application of implied terms in particular circumstances is interesting.

Chhabra v West London Mental Health NHS Trust

In Chhabra v West London Mental Health NHS Trust [2013] UKSC 80, [2013] All ER (D) 164 (Dec) the court was concerned with the disciplinary investigation of an NHS trust concerning the employee’s conduct, which was largely about breaches of confidentiality by the employee. Early on in the process, the employer gave an undertaking that one of its HR staff would not be further involved in the investigation. Dr Chhabra was interviewed by the appointed trust investigator and a report was produced. The trust procedure then required another person

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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