Employers should not rely on "breakdown of trust and confidence" as a reason for dismissal without careful consideration of their true reasons and whether these are sufficient to justify dismissal.
Following last month's decision that it will not always be fair to dismiss for a breakdown in trust and confidence depending on the circumstances, the Court of Appeal has confirmed the risk of an employer jumping too readily to dismiss for this reason.
OFCOM dismissed an employee following a police disclosure of unproven allegations against the employee such that he was viewed as posing an ongoing threat to children. The employer cited breakdown in trust and confidence as the reason. Although the dismissal was held to be fair, the Court criticised the employer for simply reaching for the trust and confidence label. It would have been better to give the reasons for dismissal as the employer's concerns about reputational damage and the employee's lack of honesty about the unproven allegations against him. (Leach v OFCOM, CA)
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Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
Emma Rohsler
Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris
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