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Wrongful dismissal: No damages for failure to follow disciplinary procedure

This report relates to 1 case(s)

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    Focsa Services (UK) Ltd v Birkett [1996] IRLR 325 EAT (0 other reports)

In Focsa Services (UK) Ltd v Birkett 16.2.96 EAT 826/95, the EAT holds that, once an industrial tribunal had found that an employee claiming damages for wrongful dismissal had been dismissed, the tribunal erred in law in considering what might have happened had a contractual disciplinary procedure been followed. The loss in respect of which the employee could recover damages was limited to the sums payable to him during his notice period, which was one week, in the absence of any evidence to suggest that the use of the procedure would have extended beyond the one week's notice which he was given.