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In Edwards v Chesterfield Royal Hospital NHS
Foundation Trust [2010] IRLR 702 CA, the Court of Appeal held that
breach of the express terms of a disciplinary procedure gave the employee the
right to sue for damages, and that such damages were not, in principle, limited
to either the notice period or the time that it would have taken for the
procedure to have been conducted properly.
Key points
- Where a claimant has been dismissed in breach of
express contractual terms providing for particular disciplinary procedures to
be followed, there is no principle of law preventing the claimant from suing in
contract in respect of the breach and recovering damages flowing from the
breach.
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