Mutual Trust and Confidence: Catalysts, Constraints and Commonality

Abstract

The implied obligation of mutual trust and confidence has assumed, in a short space of time, considerable significance within the law of the employment contract. The decision of the House of Lords in Johnson v Unisys [2003] 1 AC 518 demonstrates that statute may serve to constrain its growth. This article explores whether other statutory rights are likely to have a similar impact upon the implied term. The article goes on to explore whether the influence of public law values will constrain mutual trust's capacity to regulate an employer's discretionary powers. The article concludes by asking whether mutual trust's future development may be influenced by the standards and ethics of Human Resource Management.