header-logo header-logo

At a stretch

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
back-to-top-scroll