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Palmer v East and North Hertfordshire NHS Trust - implied term of trust and confidence breached by employer - QBD 28.7.06

In this case Mr Palmer, a consultant surgeon, won his claim that an agreement by his employer NHS Trust to submit concerns relating to his professional practice to assessment by the National Clinical Advisory Service and not pursue disciplinary proceedings was legally binding and enforceable. He also claimed that there was no good reason for the Trust to terminate the agreement and that that amounted to a breach of the mutual trust and confidence obligation implied into every contract of employment. He has won on both counts. Assessment of damages was adjourned to a separate hearing.

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