Mutual Trust and Confidence

[Jansenrovers]

Hi All,

I recently submitted an unfair dismissal claim against my previous employer after they dismissed me for looking for another job. I've now received their defence which claims they dismissed me for breaking the 'mutual trust and confidence'. I understand what this means, but don't think it can be used, as I don't believe looking for another job constitutes this.

However, i'm trying to find a case precedent which backs this up but i'm struggling. Does anyone know of one, or any respected journal that I could use to help my case?

Thanks a lot!

[Jansenrovers]

Re: Mutual Trust and Confidence

Bump

[Yolanda]

Re: Mutual Trust and Confidence

These may help http://www.thompsons.law.co.uk/ltext/l0960005.htm

[des8]

Re: Mutual Trust and Confidence

The duty of mutual trust and confidence does not prevent an employee from seeking alternative employment whilst still employed).
I can't find any tribunal cases supporting this view, but tagging someone who might be able to help [MENTION=26290]mariefab[/MENTION]

[des8]

Re: Mutual Trust and Confidence

here's a link toan article discussing the situation: http://www.theguardian.com/money/wor...-at-work-rules

[mariefab]

Re: Mutual Trust and Confidence

I'd be astonished to discover any caselaw suggesting that merely job-hunting breaches mutual trust and confidence.

Every employer who conducted a redundancy exercise would breach mutual trust and confidence if that was true.

How did your former employer discover that you were looking for another job?

[Jansenrovers]

Re: Mutual Trust and Confidence

I'd be astonished to discover any caselaw suggesting that merely job-hunting breaches mutual trust and confidence.

Every employer who conducted a redundancy exercise would breach mutual trust and confidence if that was true.

How did your former employer discover that you were looking for another job?

I wasn't actively looking for another job. I was contacted out of the blue by a recruiter on LinkedIn when I was on holiday and discussed a role with them. My LinkedIn account was linked to my work emails and someone saw the messages when they accessed my emails while I was away.

[des8]

Re: Mutual Trust and Confidence

So you weren't even looking for another job , but were head hunted.
A completely different scenario that blows a hole in their supposed defence, if those who approached you are prepared to support your view.

I also wonder if there is a problem for the employer in accessing your private information held on your Linkedin account.
I think that under Linkedin's T&Cs accounts are owned personally, and the data is stored on Linkedin's servers, and thereforeare nothing to do with the employer.
Others here will know more about that

[Amethyst]

Re: Mutual Trust and Confidence

I think Linked In message come through on your linked email address as well, and in this case that was the work email address that was accessed by work.

I suppose the breach of mutual trust and confidence could be breached if the employees responses to being headhunted was to 'slate' his current employer - not sure a simple expression of interest would cover it though, so it could come down to what was written in those emails.

[Jansenrovers]

Re: Mutual Trust and Confidence

I think Linked In message come through on your linked email address as well, and in this case that was the work email address that was accessed by work.

I suppose the breach of mutual trust and confidence could be breached if the employees responses to being headhunted was to 'slate' his current employer - not sure a simple expression of interest would cover it though, so it could come down to what was written in those emails.

Never thought of that! However, all that was in the messages was general conversation (about the holiday I was on at the time) and conversation about the available opportunity.

[mariefab]

Re: Mutual Trust and Confidence

Surely there must be more their case than simply stating that they believe you breached mutual trust and confidence by looking for another job.
Could you quote or paraphrase the part of the ET3 that deals with their reasons for dismissing you?

[Jansenrovers]

Re: Mutual Trust and Confidence

Surely there must be more their case than simply stating that they believe you breached mutual trust and confidence by looking for another job.
Could you quote or paraphrase the part of the ET3 that deals with their reasons for dismissing you?

Nope, that's entirely their case!

ET3:

The respondents employees are instructed to keep their computers on during any period of absence in case any information needs to be obtained whilst they are away from the office. (this part is not true - it was never mentioned and there is no policy to support it) Whilst the Claimant was on holiday, it was discovered by XXXX that a recruitment agency had contacted her to arrange for interviews to be set up for the week of her return. This matter was investigated further and the conclusion reached was that the Claimant had been looking for new employment during her work hours and setting up interviews.

The Claimant's conduct was considered a breach of trust and confidence and she was told verbally on XXXXX that her employment was to be terminated as a result.

[mariefab]

Re: Mutual Trust and Confidence

This matter was investigated further and the conclusion reached was that the the Claimant had been looking for new employment during her work hours and setting up interviews.

OK, the part in bold has potential teeth.

Whether, or not, they have a policy/instruction about employees keeping their computers on while they are absent doesn't matter.
Hours spent on authorised holiday absence are not 'working hours'.

So, what, if any, evidence do they have that you were job-hunting during your working hours i.e. before, or after, your holiday.

[des8]

Re: Mutual Trust and Confidence

Nope, that's entirely their case!

ET3:

. This matter was investigated further and the conclusion reached was that the Claimant had been looking for new employment during her work hours and setting up interviews.

The Claimant's conduct was considered a breach of trust and confidence and she was told verbally on XXXXX that her employment was to be terminated as a result.

Here's the rub! "during work hours"
If the discussions were during work time the employer MAY have a point.
However you said you were on holiday when hunted.

[mariefab]

Re: Mutual Trust and Confidence

it was discovered by XXXX that a recruitment agency had contacted her to arrange for interviews to be set up for the week of her return

Were any interviews actually arranged for that week?