Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

No damages for manner of dismissal

14 December 2011 #Employment


The Supreme Court has held in Edwards v Chesterfield Royal Hospital NHS Foundation Trust (2011) and Botham v Ministry of Defence (2011) that where an employee is dismissed in breach of contractual disciplinary procedures, they cannot claim damages for breach of contract for the manner of their dismissal. 

The court applied the rule set by the House of Lords in Johnson v Unisys Limited (2001) in which the Law Lords refused to award damages where the manner of the employee`s dismissal was in breach of the implied term of trust and confidence, and suggested that Parliament had intended the employee`s remedy in such a case to be by way of an unfair dismissal claim, rather than a breach of contract claim.

The Supreme Court’s prevailing opinion was that the Johnson case operates as a bar to a claim for damages for the manner of dismissal, in the case of both implied and express contractual terms.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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