The claimant, a consultant surgeon had been subject to disciplinary proceedings by his employer. They were however conducted in a manner which breached his contract. The GMC had summarily dismissed the same allegations. The claimant now appealed against an award by the county court judge which had limited his damages to loss of earnings only.
Held: the power to terminate the contract of employment sets a cap on the damages which the Claimant can recover for wrongful dismissal. There is no realistic prospect of the Claimant establishing otherwise and no other reason why this matter should go to trial. Nevertheless, if his substantive claim succeeded Mr. Edwards would be entitled to recover loss of earnings in respect of his contractual notice period and also in respect of the period during which he would have remained employed while a disciplinary procedure which complied with the terms of his contract ran its course, but not further.
Judges:
Nicol J
Citations:
[2009] EWHC 2011 (QB), [2009] IRLR 822
Links:
Citing:
Cited – Skidmore v Dartford and Gravesham NHS Trust HL 22-May-2003
The disciplinary code for doctors employed by the NHS provides different procedures cases involving allegations of ‘professional conduct’ or ‘personal conduct.’ The first would involve a more judicial process, and the second a more informal . .
Cited – Gryf-Lowczowski v Hinchingbrooke Healthcare NHS Trust QBD 2-Nov-2005
In the course of an application for an interim injunction to prevent the Defendant dismissing the Claimant until disciplinary proceedings had been completed, the Judge considered the adequacy of damages as an alternative remedy: ‘On the other hand, . .
Cited – Kircher v Hillingdon Primary Care Trust QBD 13-Jan-2006
. .
Cited – Lavarack v Woods of Colchester Ltd CA 19-Jul-1966
The plaintiff had been wrongly dismissed. He came to be employed by Martindale at a lower salary, and bought shares in Martindale and Ventilation which increased in value.
Held: The new salary and the increase in the value of the Martindale . .
Cited – Gunton v Richmond-upon-Thames London Borough Council CA 1980
The plaintiff college registrar had been the subject of disciplinary proceedings, but the defendant had not followed the contractual procedure. The judge had ordered an inquiry as to damages on the basis that the Plaintiff was entitled to remain in . .
Cited – Focsa Services (UK) Ltd v Birkett EAT 30-Jan-1996
An IT was wrong to calculate damages for breach of contract as if it was a finding of unfair dismissal.
Clark J said: ‘The fallacy in our judgment, in the chairman’s reasoning is to disregard the normal common law rules as to loss in cases of . .
Cited – Janciuk v Winerite Ltd EAT 17-Nov-1997
An employee was not entitled to damages for the failure of his employer to follow disciplinary procedures. The attempt to introduce the idea of loss of a chance into the quantification of a dismissed employee’s damages for breach of contract would . .
Cited – Dr Mohammed Saeed v Royal Wolverhampton Hospitals NHS Trust CA 20-Dec-2000
Where disciplinary proceedings were contemplated against an employee who might be subject to alternative contractual and professional complaints procedures, the employer must look to the contract to decide which procedure was to be followed. If the . .
Cited – Eastwood and another v Magnox Electric plc; McCabe v Cornwall County Council and others HL 15-Jul-2004
The first claimants were long standing employees. Mr Eastwood fell out with his manager, who disciplined him using false statements. When Williams refused to provide a false statement he too was disciplined. Each claimed damages for the injury to . .
Cited – Johnson v Unisys Ltd HL 23-Mar-2001
The claimant contended for a common law remedy covering the same ground as the statutory right available to him under the Employment Rights Act 1996 through the Employment Tribunal system.
Held: The statutory system for compensation for unfair . .
Cited by:
Appeal from – Edwards v Chesterfield Royal Hospital NHS Foundation Trust CA 26-May-2010
The claimant, a consultant doctor, sought damages saying that his employer had failed to follow the contract when disciplining and dismissing him. The GMC had dismissed as unfounded the allegation on which the dismissal was based. He sought damages . .
At first instance – Edwards v Chesterfield Royal Hospital NHS Foundation Trust SC 14-Dec-2011
The claimant had been employed as consultant surgeon. He had been dismissed in a manner inconsistent with the extress terms of his employment contract. He sought common law damages for the manner of his dismissal. The employer appealed.
Held: . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 04 August 2022; Ref: scu.376172
