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Contracts of employment: No judicial review where contractual remedy available

This report relates to 1 case(s)

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    Blair v Lochaber District Council [1995] IRLR 135 CS (0 other reports)

A council chief executive was not entitled to challenge the council's decision to suspend him by way of judicial review, holds the Court of Session in Blair v Lochaber District Council. The council had an implied power under the contract of employment to suspend, and the true nature of the dispute between employer and employee in this case was contractual. Therefore the employee should have pursued a contractual remedy.