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Damages: Johnson v Unisys does not apply to breaches of express terms

This report relates to 1 case(s)

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.