Employment

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.