Obligations of the employer and the employee

Under law, employers have general duties. These include: 

• to pay wages and salaries

• to take ‘reasonable care’ of the employee in matters of health, safety and welfare

• to co-operate with the employee and not destroy the mutual trust and confidence on which co-operation is built

• to take reasonable care in giving references.

Tribunal proceedings have established that such breaches of mutual trust ! and confidence, caused by employers failing their obligations, can be held to be a breach of contract. If the employee resigns on the grounds that the employer has breached the implied terms of mutual trust and confidence, a tribunal can find the employer has caused the employee to resign. The resignation is then classified as constructive dismissal.

Employers have a duty to ensure the eligibility of employees to work in the UK before employment (see page 88 onwards). Obligations of the employee. The employee also has general duties in law, including:

• co-operation with the employer, helping promote the employer’s business interests by working to contract

• obeying any lawful and reasonable instructions

• being honest and trustworthy

• not competing with the employer

• not benefiting from work undertaken for the employer.

Working with vulnerable people

Details of the checks employers need to carry out if they are employing someone who works with children or vulnerable adults are in Article 140.