Court of Appeal allows damages claim for the manner of a dismissal to go ahead

The Employment Appeal Tribunal (EAT) has held that an employer’s failure to allow an employee to have his appeal against the rejection of a grievance dealt with by a different manager could amount to a breach of the implied duty of trust and confidence.

There is a well-established principle that damages for the manner of a dismissal cannot be awarded, the rationale being that these should be covered under the unfair-dismissal basic and compensatory losses regime. The precise extent of this principle has been the subject of a number of cases over recent years.

In Monk v Cann Hall Primary School, the employee had made a claim for damages for personal injury against her former employer, a primary school (and the local authority), as a result of the circumstances in which she was made redundant after 11 years’ service as an administrative assistant…

If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.

Briefings from Hogan Lovells

View more briefings from Hogan Lovells

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Atlantic House
Holborn Viaduct
London
EC1A 2FG
UK
http://www.hoganlovells.com

Turnover (£m): 1,030.00
No. of lawyers: 2,280
(UK 200)
Jurisdiction: UK
No. of offices: 9
No. of qualified lawyers: 206 (International 50)

Jobs