There is an implied obligation on both employer and employee not to act in any way that is calculated to, or likely to, breach trust and confidence.
The concept of trust and confidence has developed over time through case law and can encompass a wide range of factors. While it is a mutual duty, allegations that trust and confidence have been breached are more commonly raised by an employee about the actions or behaviour of their employer.
A breach of trust and confidence can be a one off act or it can be something that amounts to the last straw; effectively the ‘straw that broke the camel’s back’.
If an employer fundamentally breaches the obligation not to damage trust and confidence, an employee may chose to accept that breach and treat the employment contract as repudiated.
That employee may then (if they have 2 or more year’s continuous employment) bring a constructive unfair dismissal claim on the grounds that they were effectively forced out of their job. Depending on the circumstances of the breach they could also bring a discrimination claim, regardless as to their length of service.
If an employee breaches their duty to the employer, that breach could give rise to an allegation of gross misconduct and ultimately dismissal.
Examples of conduct by an employer that might amount to a breach of trust and confidence include:
- making unfounded negative comments about an employee,
- making it impossible for an employee to do their job (for example by giving them too much work or not responding to their requests for help with their workload),
- unfairly taking disciplinary action,
- exercising discretion (for example to award a bonus) in bad faith, and
using (or permitting others to use) foul, offensive or discriminatory language in the workplace.
An employee may be found to have breached their duty of trust and confidence if they make disparaging comments about their employer on social media or falsely claim sick pay.
Acting reasonably and in an even handed manner at all times is the key to ensuring trust and confidence isn’t breached.
Employers would be well advised to ensure that they have up to date anti-harassment and anti-discrimination procedures, ensure these procedures are updated regularly and ensure that they are communicated to all staff and enforced where necessary.
A written disciplinary and grievance policy is imperative and managers should be given training so they know how to deal with such matters in order to stop those small niggles (that are present in all workplaces) becoming big Tribunal claims.
Employees are well advised to use the policies that are available to them and put any concerns they may have in writing at an early stage.
If you need advice on your employment situation or you would like to discuss your internal policies and training needs please contact Martin Williams or Samantha Dickinson.
It has long been thought that the laws in England and Wales which govern the disposal of bodies are outdated and in need of modernization. Many of the laws still applicable today have roots in the 19th century and do not reflect societies changing attitudes and advances in science.
There is no property in a dead body – no one can own a dead body.
Currently, the person entitled to possession of a body is the person under a duty to dispose of the body. It would make sense, therefore, that who is entitled to dispose of the body can change over time following someone’s death – i.e. the hospital, the Coroner’s office, the personal representatives or others entitled under the intestacy rules.
Following a cremation, ashes can only be handed over to the person who delivered the body for cremation but there is no definition of “ashes” – does it mean, all of the ashes, some of the ashes, are they in a sense “the body” and therefore cannot be owned?
Currently, the law does not ensure that a person’s own wishes as to how their body is disposed of are carried out. In fact, the only section in someone’s Will that is generally not legally binding is the “funeral wishes”.
It will not come as much of a surprise that disputes amongst families after the death of a loved one often arise around issues such as funeral arrangements and differing views on how to dispose of the body. The process is a very emotive one and a change in the law to recognise the deceased’s own wishes as binding will help to avoid such disagreements.
It could be argued that if there is no property in a dead body then how can the body be gifted or disposed of by a will, bought or sold – yet statute does permit a body to be donated for medicine or science. If you or a loved one does wish to have their body used in this way, arrangements should be made in advance with the chosen educational/research facility. Visit the Human Tissue Authority’s website and find your local/chosen medical school and follow their own procedures.
The Law Commission is currently in the Pre-consultation stage of a review of the laws regarding disposals of a body. They seek to recognize newer methods of disposal besides the traditional cremation and burial, many of which are already being used in other countries.
The current law is piecemeal and complex and as a result of the consultation, the Law Commission may make recommendations as to the need to change laws in this area. This may result in the need for many clients to update their Wills or prepare codicils stipulating their funeral wishes, especially if there is risk of disputes in the family or your own cultures/beliefs stipulate a particular method of disposal.
Please call us if you need any help or advice, 0800 84 94 101.
We are so pleased to be a part of legal and professional services group Ampa – and the group has now been awarded B-Corporation certification!
Organisations with certified B-Corporation status are legally required to consider the impact of business decisions on their people, customers, suppliers, communities and the environment, ensuring a balance between purpose, people and profit.
The benchmarks in order to achieve accreditation are incredibly high and the auditing process is rigorous, with non-profit B-Lab independently scoring companies across governance, workers, community, environment and customers to determine the business’ social and environmental performance.
In order to achieve certification, a company must:
Demonstrate high social and environmental performance by achieving a B Impact Assessment score of 80 or above and passing our risk review. Multinational corporations must also meet baseline requirement standards.
Make a legal commitment by changing their corporate governance structure to be accountable to all stakeholders, not just shareholders, and achieve benefit corporation status if available in their jurisdiction.
Exhibit transparency by allowing information about their performance measured against B Lab’s standards to be publicly available on their B Corp profile on B Lab’s website.
Dean Orgill, our chief executive partner, said: “This is a key milestone in our ambition to change the world of business for good. We believe we can be both purposeful and profitable and our B-Corporation values are embedded in our business strategy and fully supported from the top-down. We also take great pride in helping our clients achieve their sustainability goals.”
“As we continue to grow our group, we are looking for likeminded professional services brands to join Mayo Wynne Baxter and the wider Ampa group, whether they have B-Corporation status or not, and we can support them in their growth strategy as well as better business practices to people and the planet.”
Ampa also includes the brands Shakespeare Martineau, Lime Solicitors, Marrons, CSS Assure and Corclaim, employing more than 1,300 people over 18 hubs across the UK and is the largest legal and professional services group to have achieved B-Corporation accreditation.
Helen Hay, group head of culture and sustainability at Ampa, said: “This is a huge achievement for us and demonstrates our commitment as a group to use business as a force for good for our people, planet, communities and clients.
“We’re really proud to have achieved our highest score for how we treat our people, including our approach to pay and reward, our wellbeing initiatives and benefits and embedding professional development support and opportunities across the group of brands.
“We keep ourselves accountable through our responsible business ambitions that are constantly tracked and analysed, pushing us to do better and achieve more. So far, we have achieved a number of our ambitions across diversity and inclusion, reducing landfill waste and carbon emissions, as well as supporting young people in our local communities.”
Among other ambitions, in 2022 the group increased racial diversity at a membership (equity stakeholder) level by more than 3%, against a target of 2%, supported more than 400 young people through a variety of career development events, and significantly reduced its paper use.