Damages for breach of contract of employment
The Tribunal awarded damages against an employee for what the employer alleged was a breach of the duty of trust and confidence. The Tribunal has no jurisdiction to award compensation for breaches of the ‘obligation of confidence’. The Claimant appealed alleging that this exclusion applied to claims for breach of the duty of trust and confidence, the two being synonymous. The EAT disagreed; although the obligation of confidence could properly be considered an aspect of the portmanteau term of trust and confidence, the converse was not the case. Many breaches of the duty of trust and confidence, including the breach of duty which arose in this case, could not properly be said to amount to a breach of the obligation of confidence. Accordingly, the Tribunal had jurisdiction and the appeal failed. The Tribunal found that the employers had unlawfully deducted from wages in failing to pay the basic salary following a disciplinary suspension. The EAT rejected the employer’s cross appeal to the effect that the Tribunal had misconstrued the terms of the contract.
Citations:
[2008] UKEAT 0492 – 07 – 2901
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 October 2022; Ref: scu.264283