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

Remedies for breach of contract: Dismissal other than in accordance with contractual disciplinary procedure was prohibited

This report relates to 1 case(s)

  • expand disabled

    Harper v Tayside University Hospitals NHS Trust 15 August 2000 CS (0 other reports)

In Harper v Tayside University Hospitals NHS Trust 15.8.00 Court of Session, the Outer House of the Court of Session grants an interim interdict prohibiting the employer from terminating an employee's contract of employment otherwise than in accordance with its contractual disciplinary procedures. In this case, the employee, a doctor who had been subject to disciplinary proceedings, agreed to undergo retraining and assessment, on the basis that her employer would then offer her a consultant's post. She agreed that if she refused the post offered she would resign. Subsequently, the employee did refuse the post but also refused to resign, and the employer sought to treat her employment as terminated at that point. The Court holds that the contract of employment still subsisted, and that the circumstances of the case were exceptional. On that basis, notwithstanding the general principle that the courts will not intervene to force the continuation of a working relationship, the employee was prima facie entitled to the benefit of the disciplinary mechanisms in her contract, and any other attempted method of dismissal would prima facie be unlawful.