Abstract

This article seeks to explain why, in terms of Iain Macneil's relational theory of contract, the implied mutual duty of trust and confidence can be described as a quintessentially relational norm. The role played by the duty in the development of a relational approach to variation of the employment contract is examined. The potential for the trust duty to become a relational principle informing the content of the employment contract is explored. The impact of litigation based on the trust duty in creating a relational approach to employees’ contractual remedies at common law, which have traditionally been dominated by the notice rule, is assessed. Finally, the potential for there to develop a relational principle of trust and confidence capable of, to some extent, unifying the contractual, statutory and tortious elements of the law of the employment relationship is examined