The claimant was taken on as a trainee social worker, on condition that she obtain a place on a social work course. She was to receive paid leave to attend. Her contract provided that she was to work for the Council for two years after completing the course and to repay a proportionate part of the sums outlaid if she left within that period. So leaving, she argued that the recoupment clause was a penalty and not an attempt to estimate damages, since it disregarded sums which the Council would receive by way of contribution from central government.
Held: The clause was not a penalty. It did not cease to be a genuine attempt to estimate losses because of the other receipts.
Judges:
(The Sherriff Principal)
Citations:
[1984] IRLR 14
Jurisdiction:
Scotland
Citing:
Distinguished – National Coal Board v Galley CA 1958
A colliery deputy was in breach of contract by refusing over several months to work on Saturdays. His refusal was part of wider industrial action involving several other deputies. Although the combined effect of the refusal to work by the defendant . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 07 August 2022; Ref: scu.464275