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…

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