Implied duties are highly significant from the perspective of managing employees at the workplace. The concept of the duty of trust and confidence refers to the fact that all employment contracts are based on the implied duty that none of the parties will act to breach the duty of trust and confidence existing between them. The concept implies that there is an open-ended implied obligation of fidelity, respect, cooperation, and fair treatment from both parties. The concept of the duty of trust and confidence is an implied term of the employment contract.
There are several outcomes of the breach; they depend on the decision the company and the employee will make in a particular scenario. For instance, legal fees may be involved in case implied duties are breached, and the professional relationships between the employer and the employee may become significantly worse. In addition, an employee may decide to resign and claim constructive dismissal, which will be discussed in detail below. It is vital to mention that there are ways in which companies and individuals can resolve challenging issues. For instance, organizations should promote open communication and discuss workers’ possible concerns timely. They should address allegations right away and ensure that they promote timely and fair policies. Employees, in turn, should strive to cooperate with employers at all times and follow a grievance procedure in case an issue arises. This way, both parties can protect themselves from the breach of implied duties.
As mentioned above, individuals can claim constructive dismissal as a result of the breach. Constructive dismissal or constructive unfair dismissal is the case in which an employee feels forced to resign because of the actions of their employer. The factors that may amount to constructive dismissal include bullying and discrimination in the workplace, changes in working hours without an agreement, excessive workload, and consistent low payments.