In UK Case Of Malik & Mahmud V Bank Of Credit And Commerce International 1998.

Ken

In UK cases of Malik & Mahmud v Bank of Credit and Commerce International SA [1998] AC 20, it has implied duty of mutual trust and confidence. Malik and Mahmud have work in Bank of Credit and Commerce International SA for a number of years. Later, they lost their job because the bank is unable to pay its debts for certain reasons and dismiss them without notice. They sue the company BCCI for claim the loss of job prospects although they both have agree that the breach as dismissing them from further performance and they just want to recover the damages which employer breached implied term of trust and confidence. The bank had feels guilty of damaging conduct in their investigation. The judgement by the court is that they cannot claim back the damages although the bank has breached the duty of trust and confidence. Therefore in my opinion, I disagree that the courts appeal although the court has sufficient evidence to dismiss a sustainable claim for damages because they did not breach the duty of trust and confidence. A similar case of McNeill v. Aberdeen City Council (No.2) - [2014] IRLR 113 has support that Aberdeen City Council has unfairly dismissed McNeill. Before this, McNeill accepted that he was guilty of gross misconduct as he used the sexist remark to female employees. The court found that he did not breached the duty of trust and confidence and accept his appeal which is against council for claim constructive dismissal. Hence, I believe that duty of trust