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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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