This is a preview. To continue reading please log in or Register to read this article

Damages: Common law damages for failure to follow disciplinary procedure

This report relates to 1 case(s)

Key points

In The Wise Group v Mitchell, the EAT holds:

  • In a case where an employee was summarily dismissed in breach of the contractual disciplinary procedure, the tribunal was wrong to award compensation for the loss of a chance to remain in employment, on the basis that if the disciplinary procedure had been followed, the employee might not have been dismissed.
  • Applying the principle in Harper v Virgin Net Ltd [2004] IRLR 390, the employee was not entitled to recover common law damages for the loss of a chance to bring an unfair dismissal claim.