header-logo header-logo

Home Login E-newsletter About us
05 January 2012
Issue: 7495 / Categories: Case law , Law reports , In Court
printer mail-detail

Unfair dismissal—Constructive dismissal—Damages

© Copyright LexisNexis 2026. All Rights Reserved.

Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence [2011] UKSC 58, [2011] All ER (D) 101 (Dec)

Supreme Court, Lord Phillips P, Lord Walker, Lady Hale, Lord Mance, Lord Kerr, Lord Dyson and Lord Wilson SCJJ, 14 Dec 2011

The reasoning in Johnson v Unisys Ltd [2001] UKHL 13, [2001] 2 All ER 801 applies so as to preclude recovery of damages for loss arising from the unfair manner of a dismissal in breach of an express term of an employment contract.

Mark Sutton QC and Marcus Pilgerstorfer (instructed by DAC Beachcroft LLP) for the first appellant. Wendy Outhwaite QC (instructed by Treasury Solicitors) for the second appellant. Mary O’Rourke QC and Oliver Williamson (instructed by Ryan Solicitors) for the first respondent. Frederic Reynold QC and Philip Mead (instructed by Dean Wilson LLP) for the second respondent.

The respondents had been dismissed by the appellants, their respective employers, following allegations of misconduct. Both respondents issued claims in the High Court for damages for breach of their

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

Read All
Sponsored by
NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
Read All
NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
NLJ this week: Mazur ruling puts firms on supervision alert
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
NLJ this week: Landlords’ forced entry powers spark legal divide
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
Copyright © 2026 LexisNexis
back-to-top-scroll