McCabe v Cornwall County Council, The Governing Body of Mounts Bay School: CA 23 Dec 2002

The claimant sought damages for the consequences of having been suspended from work as a teacher. He later recovered damages for unfair dismissal, and the court had struck out his claim for damages over and above those already awarded.
Held: There is no absolute bar against a claim for damages not covered by the Employment Tribunal. The claimant had suffered psychiatric damage during the period of suspension. The Johnson case said that common law claims for damages should not survive the system for compensating for unfair dismissal, but this applied only to damages associated with the dismissal. The right to claim damages could not be left to depend upon whether the employer actually dismissed the employee.


Lord Justice Auld, Lord Justice Brooke, Lord Justice Sedley


Times 28-Dec-2002, [2002] EWCA Civ 1887, [2003] IRLR 87, [2003] ICR 501, [2003] PIQR P19




England and Wales


CitedGogay v Hertfordshire County Council CA 26-Jul-2000
The employee sought damages for breach of the implied term of trust and confidence, even though she remained throughout the employment of the Council against whom she was bringing proceedings.
Held: Her remaining in employment was a factor . .
CitedJohnson 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:

CitedDunnachie v Kingston Upon Hull City Council; Williams v Southampton Institute; Dawson v Stonham Housing Association EAT 8-Apr-2003
EAT Unfair Dismissal – Compensation
In each case, The employee sought additional damages for non-economic loss after an unfair dismissal.
Held: The Act could be compared with the Discrimination Acts . .
Appeal fromEastwood 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 . .
Lists of cited by and citing cases may be incomplete.


Updated: 31 October 2022; Ref: scu.178536