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, if no injunctive relief is granted and if (as seems likely) the Trust does summarily dismiss Mr Gryf-Lowczowski, he would be confined to a claim for damages for wrongful or unfair dismissal. The former would be limited to the contractual notice period of three months; the latter is statutorily capped at andpound;56,000. I am unable to accept that in the circumstances of the present case such a remedy in damages is adequate.’
Judges:
Gray J
Citations:
[2005] EWHC 2407 (QB), (2006) 87 BMLR 46, [2006] IRLR 100, [2006] Lloyd’s Rep Med 199, [2006] ICR 425
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Edwards v Chesterfield Royal Hospital NHS Foundation Trust QBD 31-Jul-2009
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 . .
Followed – Kircher v Hillingdon Primary Care Trust QBD 13-Jan-2006
. .
Lists of cited by and citing cases may be incomplete.
Employment, Health Professions, Damages
Updated: 04 July 2022; Ref: scu.235126