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DUTY OF GOOD FAITH: Engendering ‘reasonable expectations’

11 July 2014  

Employers must be wary how they communicate their intentions to the workforce in light of a recent ruling, warn Annabel Gillham and Jemima Coleman

Employers engaging in consultation with their employees will invariably seek to explain the rationale for their proposals in some detail; this is partly to ensure that the consultation is meaningful (to comply with statutory requirements) but also to get employees to buy-in to the new proposal. The employer may well feel compelled to give some assurance that the proposals will provide stability, continued viability for the business or some other future benefit.

Additional Info

  • Case(s) Referenced:

    Albion Automotive v Walker [2002] EWCA Civ 946

    Attrill v Dresdner Kleinwort Ltd [2013] EWCA Civ 394

    Bond v CAV Ltd [1983] IRLR 360

    Clark v Nomura International plc [2000] IRLR 766

    Duke v Reliance Systems Ltd [1982] IRLR 347

    IBM UK Holdings Ltd v Dalgleish [2014] EWHC 980 (Ch)

    Imperial Group Pension Trust Ltd v Imperial Tobacco Ltd [1991] ICR 524

    London Borough of Tower Hamlets v Wooster [2009] UKEAT/0441/08

    Malik v BCCI [1998] AC 20

    Quinn v Calder industrial Materials Ltd [1996] IRLR 126

    Solectron Scotland Ltd v Roper [2003] UKEAT/0305/03

    Woodcock v Cumbria Primary Care Trust [2010] UKEAT/0489/09