Damages: Common law damages for failure to follow disciplinary procedure
This report relates to 1 case(s)
The Wise Group v Mitchell EAT/0693/04 (0 other reports)
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  IRLR 390, the employee was not entitled to recover common law damages for the loss of a chance to bring an unfair dismissal claim.