Common Law Duties of the Employer 3 / 5

An overriding duty of Mutual Trust and Confidence

So don't call your employee "an intolerable bitch on a Monday Morning" :) (yep that's in a case! - IoW tourist Board v Coombes

Other duties this mutual trust implies for the employer are:

  1. You must investigate Sexual Harassment Claims

    Bracebridge Engineering v Darby

  2. Pay reasonable remuneration

  3. Idemnify the employee (for expenses)

  4. Take care of Health and Safety

  5. Provide work (or if no work - keep paying as if there was)

  6. Behave reasonably and responsibly towards employees

  7. Give reasonable notice of termination of employment

NB. There's no duty to PROVIDE a reference

However if you do - reasonable care is needed for its accuracy and fairness

Remedies for breaking these common law duties?

  1. Treat the contract as discharged and

  2. Claim for constructive dismissal

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