Wednesday, July 21, 2010
WOODS V WM CAR SERVICES  ICR page 666
In our view it is clearly established that there is implied in a contract of employment a term that the employers will not,without reasonable and proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of trust and confidence between employer and employee. Caurtlands Northeren Textiles v Andrew  IRLR 84. To constitute a breach of this implied term it is not necessary to show that the employer intended any repudiation of the contract;the tribunal's function is to look at the employers conduct as a whole and determine whether it is such that its effect, judged reasonably and sensibly,is such that the employee cannot be expected to put up with it;British Aircraft Corporation v Austin  IRLR 347. The conduct of the parties has to be looked at as a whole and its cumulative impact assessed. Post office v Roberts.