header-logo header-logo

Employment

04 June 2010
Issue: 7420 / Categories: Case law , Law digest
printer mail-detail

Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571, [2010] All ER (D) 247 (May)

Whether parties intended the provisions relating to disciplinary procedures to sound in damages depended on the true construction of the contract. There was no reason why the parties should not be able to agree that they did sound in damages.

Moreover, dismissal was often the final step in a continuing course of conduct, in cases where the claimant relied on the common law implied term it would sometimes be necessary to determine whether the act relied on formed part of the process of dismissal or preceded it.

However, the need for that enquiry did not arise in a case where the employee relied on an express term of the contract and accordingly in such cases the exclusion area was not a relevant concept.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll