Contracts – the key developments

• Even though it is an implied term of an individual’s contract that the employer will not undermine the trust and confidence between the parties, apparently inconsistent treatment of employees is not always actionable (case 1).

• Just because the ultimate consequences of an employee’s mistake are serious does not mean that their failing was serious and sufficient to justify severe punishment. In certain cases, it may be appropriate to argue that the employee should be merely reprimanded rather than subjected to a disciplinary sanction that requires improvement/ will have ongoing consequences (case 2).

Case details are available at www.employmentappeals.gov.uk (EAT) and www.bailii.org (Court of Appeal). Call 020 8686 9141 for details of the journal Industrial Relations Law Reports (IRLR).