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Implied Terms (Mutual duty of care (employer - duty to take reasonable…
Implied Terms
Mutual duty of care
employer - duty to take reasonable steps for the safety of their employees;
employee - duty to assist their employer to maintain safe procedures and facilities;
employee - duty of care to fellow employees
Health & Safety Act 1974
obligation on the employer - to ensure the health, safety and welfare at work of all his employees.
employees - obliged to take reasonable care of themselves and of other persons who may be affected by their acts or omissions at work
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Duty to indemnify
where the employer suffers loss because of his liability for the wrongful act of his employee, the employer may be liable to indemnify his employer
**Lister v Romford Ice and Cold Storage Ltd
an employer is not required to claim an indemnity from the employee unless there was evidence of collusion or willful misconduct on the employee's part**
Duty of fidelity
an employee owes a duty to faithfully serve the employer.
**Hivac Ltd v Park Royal Scientific Instruments Co
Faccenda Chicken Ltd v Fowler
The courts will take account of all circumstances,and only if the information is a trade secret or highly confidential will the employee be restrained from using it **
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