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McBride v Falkirk Football & Athletics Club - "Normal autocratic football management" still breaches trust and confidence [2011] EAT

(1) Terms should only be implied into a contract of employment where an implication arises, from the express terms and the surrounding circumstances, that this is what the parties really intended;

(2) An employer cannot argue that his poor treatment of his employee cannot amount to a breach of the mutual duty of trust and confidence simply because all employers in that industry treat their employees badly.

Falkirk employed Mr McBride as a football coach, and appointed him manager/head coach of U19’s team. He was then told, without any discussion or consultation, that the subsequently appointed "Academy Director" would be responsible for picking the U19 team. This clearly had significant consequential effects on Mr McBride's role, and he resigned as a result. He claimed unfair constructive dismissal at an employment tribunal.

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