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Careering ahead

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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