Harris & Anor, Trustees Fryston Miner's Welfare Scheme [1996] UKEAT 182_96_2009 (20 September 1996)

Harris & Anor, Trustees Fryston Miner's Welfare Scheme [1996] UKEAT 182_96_2009 (20 September 1996)

The tribunal did not misdirect itself in law; it correctly considered the implied term of trust and confidence and found no breach. The use of 'good faith' terminology did not affect the substance of the decision.

Citation
[1996] UKEAT 182_96_2009
Parties
Appellants: Mr and Mrs Harris; Respondents: Trustees of the Fryston Miners' Welfare Scheme
Jurisdiction
United Kingdom
Judgment Date
20 September 1996
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Constructive Dismissal, Implied Contractual Terms, Trust and Confidence
Employment Law Constructive Dismissal Implied Contractual Terms Trust and Confidence

Case Brief

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Parties

Mr and Mrs Harris

Appellants

Trustees of the Fryston Miners' Welfare Scheme

Respondents

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the Industrial Tribunal misapplied the implied term of trust and confidence in employment contracts
  2. 2 Whether the respondents breached the implied term of trust and confidence

Ratio Decidendi

The tribunal did not misdirect itself in law; it correctly considered the implied term of trust and confidence and found no breach. The use of 'good faith' terminology did not affect the substance of the decision.

Court Disposition

appeal dismissed