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

Wrongful dismissal: No entitlement to damages for loss of right to claim unfair dismissal

This report relates to 1 case(s)

  • expand disabled

    Morran v Glasgow Council of Tenants Associations and others [1998] IRLR 67 CS (0 other reports)

A wrongfully dismissed employee could not claim damages for loss of the right to claim compensation for unfair dismissal, which he would have acquired had he been given due notice, where the employer had a right under the contract of employment to make a payment in lieu of notice, holds the Court of Session in Morran v Glasgow Council of Tenants Associations and others [1998] IRLR 67. The employee was entitled to recover damages to put him in the position in which he would have been if the employer had fulfilled its obligation under the contract in the way which would have been less burdensome to it - namely, to dismiss the employee with pay in lieu of notice.