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Contracts of employment > Breach of contract
XpertHR has 2 case reports
relating to the case: Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] IRLR 702 CA.
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Damages: Johnson v Unisys does not apply to breaches of express terms
Source: IRS Employment Review Date:
29-09-2010
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.
Edwards v Chesterfield Royal Hospital NHS Foundation Trust
Source: XpertHR case report Date:
01-06-2010
The Court of Appeal has held that the decision in Johnson v Unisys Ltd [2001] IRLR 279 HL did not preclude the claimant from recovering damages based on a breach of contractual disciplinary proceedings.