ARTICLE
16 June 2010

Breach of Contract - Damages Not Limited to Notice Period

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Bird & Bird

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In "Edwards v Chesterfield Royal Hospital NHS Foundation Trust" the Court of Appeal considered the claim of a hospital doctor who had been summarily dismissed for misconduct.
United Kingdom Employment and HR

In Edwards v Chesterfield Royal Hospital NHS Foundation Trust the Court of Appeal considered the claim of a hospital doctor who had been summarily dismissed for misconduct.

He alleged that the employer had not followed its own disciplinary procedure and claimed damages for breach of contract and wrongful dismissal.  He claimed that, as a result of the dismissal, he would never work again in the NHS other than locum posts. He estimated his current and future loss of earnings at something over £3million.

In the High Court, the employer successfully argued that on a wrongful dismissal claim a claimant could only recover i) the amount that he would have been paid during his notice period (in this case, three months' salary); and ii) possibly his pay for the period that he would have remained employed had the disciplinary procedure been carried out properly.

In the case of Johnson v Unisys the claimant was prevented from enhancing his damages by claiming for breach of the duty of trust and confidence.  The House of Lords stated that the implied duty of trust and confidence applicable to every employment contract does not apply to a dismissal.  If an employee thinks that his dismissal is unfair, he must make a claim of unfair dismissal to an employment tribunal and any compensatory award will be capped (currently at £65,300).

However, the claimant in this case successfully argued in the Court of Appeal that if he is able to show that there was a breach of contract (the failure to follow correct disciplinary procedure) prior to the dismissal which caused him loss, he may sue for that breach in the normal way.  Therefore, in such circumstances, his damages will not necessarily be limited by the length of his notice period. 

Point to Note -

  • This claimant was able to increase his damages claim by identifying a breach of contract not necessarily connected to the dismissal which had caused him loss.  The employer's difficulty in this case arose from the fact that it had two different disciplinary procedures applicable for personal or professional misconduct respectively.  In this case it tried to combine the two, fell foul of its own rules and so breached its own contract.  In the case of a senior employee, such a breach may have a dramatic effect on the amount at stake in the employee's claim by making it, in effect, unlimited.  Other employers should take note and take legal advice on the correct procedure.

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