The University had employed the pursuer on terms that it was entitled ‘for good cause shown to terminate the appointment of the employee by giving three months’ notice in writing’. He claimed on two bases, first, a breach of the alleged express term not to terminate his employment except on good cause shown, and, secondly, a breach of an alleged implied term of trust and confidence consisting in an alleged failure to act fairly and reasonably in investigating whether good cause was shown. The issue before Lady Smith concerned the second basis of claim.
Held: She distinguished Johnson on the basis that the University was only entitled to terminate the claimant’s appointment by three months’ notice ‘for good cause shown’, and she held that this involved the implication that there should, before any dismissal, be a prior hearing and investigation, fairly conducted in accordance with a mutual duty of trust and confidence.
If before dismissal, whether actual or constructive, an employee has acquired a cause of action at law, for breach of contract or otherwise, that cause of action survives his subsequent unfair dismissal.
Judges:
Lady Smith
Citations:
[2002] ScotCS 28, [2002] IRLR 252
Links:
Citing:
See also – King v The University Court of the University of St Andrews OHCS 3-Jul-2003
. .
Cited by:
See also – King v The University Court of the University of St Andrews OHCS 3-Jul-2003
. .
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 . .
See also – King v University Court of the University of St Andrews OHCS 3-Jun-2005
. .
Cited – Botham v The Ministry of Defence QBD 26-Mar-2010
The claimant had been employed by the MOD. He was summarily dismissed for gross misconduct, and he was then placed on the list of persons unsuitable for work with children. He succeeded at the Tribunal in a claim for unfair and wrongful dismissal. . .
Cited – 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.
Scotland, Employment
Updated: 05 June 2022; Ref: scu.168807