Courtaulds Northern Textiles Ltd v Andrew (1979 IRLR 84)

Employers shall not, without reasonable and proper cause, conduct themselves in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between the employer and employee.

Case facts

During the course of a heated argument, a manager told an employee:
"You can’t do the bloody job anyway." He responded by resigning and
claiming constructive dismissal.


Conclusion for me

There is an implied term in contracts of employment 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 confidence and trust between the employer and employee.

More information is available here: https://www.personneltoday.com/hr/trust-me-im-an-implied-term/


Similar cases

  • Morrow v Safeway Stores (2002 IRLR 9) If an employer breaks the "mutual trust and confidence" a member of staff may be justified in treating himself or herself as constructive dismissed without necessarily first trying to resolve matters through a grievance procedure.
  • Horkulak v Cantor Fitzgerald International (2004 IRLR 942 CA) Foul language in the workplace might be deemed unacceptable if an independent third party would view the situation that way. Regular use of foul and abusive language does not make it acceptable.
Updated: 3rd May, 2021
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