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17 February 2012 / Anna Macey
Issue: 7501 / Categories: Features , Tribunals , Disciplinary&grievance procedures , Employment
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At a stretch

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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

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

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Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

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Trio of newly qualified solicitors strengthens Worcester office law firm

NEWS
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
The treasury has sought to reassure the legal profession over concerns about cost, bureaucracy and independence when the Financial Conduct Authority (FCA) takes over regulation of anti-money laundering compliance
One out of two barristers has come under pressure from clients to act unethically, according to the results of this year’s Barristers’ Working Lives survey
The Court of Appeal has held the Competition Appeal Tribunal (CAT) was wrong to set aside a Competition and Markets Authority (CMA) decision on unfair pricing of phenytoin, an epilepsy drug
A flagship employment law reform is due to come into effect on 1 July, extending unfair dismissal rights to employees after six months in their job instead of two years
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