The employer had told the claimant: ‘I must ask you to relinquish your duties with effect from today 7 February 1981’ and thereby summarily dismissed him.
Held: The employer was clearly summarily dismissing with immediate effect in a wholly unambiguous way.
In a common law action for wrongful dismissal, the dismissed employee could recover damages for the loss of his right to allege unfair dismissal ‘particularly if the summary dismissal had been effected for the specific purpose of depriving him of his right’.
Judges:
Stephenson LJ, Sir David Cairns
Citations:
[1982] IRLR 326
Jurisdiction:
England and Wales
Citing:
Cited – Robert Court and Son Ltd v Charman EAT 1981
The EAT considered the effect of the statutory period of notice: ‘As a result, in our view Mr Charman has no right to complain to the Industrial Tribunal of unfair dismissal. Even if, as one must, one treats the effective date of termination as . .
Cited – Brindle v Smith CA 1972
A question arose as to the position of an employee wrongfully dismissed just before the end of his first 104 weeks of service where he would have qualified to have a right not to be unfairly dismissed if he had been given proper notice.
Held: . .
Cited by:
Cited – Sally Harper v Virgin Net Limited CA 10-Mar-2004
The employee had been dismissed. Her contractual notice period was longer than the statutory period.
Held: The statutory notice period prevailed in calculating the date of dismissal. The contractual period could not be used to extend the total . .
Cited – Raspin v United Shops Ltd EAT 24-Mar-1999
A breach of contract by an employer failing to follow disciplinary procedure which leaves an employee unable to pursue claim for unfair dismissal, was remediable as a breach of contract by wrongful dismissal and damages accordingly. What must be . .
Cited – M-Choice UK Ltd v Aalders EAT 10-Aug-2011
mchoice_aaldersEAT2011
EAT JURISDICTIONAL POINTS – Claim in time and effective date of termination
The employee was dismissed on notice expiring on 1 February 2011. On its expiry she would have had sufficient qualifying service to . .
Cited – Tallon v Manchester TEC Ltd EAT 18-Jan-1996
. .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 13 May 2022; Ref: scu.194626