header-logo header-logo

17 February 2012 / Anna Macey
Issue: 7501 / Categories: Features , Tribunals , Disciplinary&grievance procedures , Employment
printer mail-detail

At a stretch

136644677_4

A divided Supreme Court has upheld & extended the Johnson exclusion zone, notes Anna Macey

Before a seven panel member of the Supreme Court, a majority of four to three held that a failure to observe contractual dismissal procedures could not give rise to a claim for damages for breach of contract at common law. The majority held that damages for a flawed disciplinary process were inextricably connected to the dismissal itself, for which Parliament had provided a remedy in the form of unfair dismissal. These claims therefore fell within the Johnson exclusion zone, which was both upheld and extended, to cover express terms of contract.

The facts

The two cases of Edwards v Chesterfield Royal Hospital NHS Foundation and Botham v Ministry of Defence [2011] UKSC 58, [2011] All ER (D) 101 (Dec) were conjoined for this appeal.

Mr Edwards was a consultant surgeon, summarily dismissed following a disciplinary panel’s findings that he inappropriately examined a female patient. He argued that, in breach of an express term of

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

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll