On taking up employment the plaintiff was told he would later be appointed managing director. His employment was terminated, and he sought damages.
Held: The defendant was estopped from denying it would appoint him managing director, since this was found to have been an implied term of his contract.
It was settled law that there was no claim for injury to feelings. The compensatory award received through a claim in the industrial tribunal should not be set off against the award, since the tribunal had not particularised the award under any one or more heads of damages.
Sir Nicholas Browne-Wilkinson stated that ‘it is well established that there can be no estoppel arising out of an order or judgment given in excess of jurisdiction’
Judges:
Lord Justice Browne Wilkinson
Citations:
[1991] 1 ICR 718, [1991] IRLR 170 CA
Statutes:
Employment Protection (Consolidation) Act 1978 69(1)(3) 75(1)(3)
Jurisdiction:
England and Wales
Cited by:
Cited – Foster v Bon Groundwork Ltd EAT 17-Mar-2011
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
In April 2009, the Claimant, who was then 77 years of age, was employed by the Respondent, when he was laid off without pay. While still being employed by . .
Lists of cited by and citing cases may be incomplete.
Employment, Damages
Updated: 12 May 2022; Ref: scu.182099