13 February 2012
No compensation for manner of dismissal. Ever.
In Edwards v Chesterfield Royal Hospital and Botham (FC) v Ministry of Defence the Supreme Court revisited the question of whether, over and above any right to compensation for unfair dismissal, employees can recover damages for the way in which they have been dismissed and specifically in the situation where the employer has failed to follow a contractual disciplinary procedure.
It has been long been clear that there is no scope for damages for injury to feelings being awarded in a claim for breach of contract (as opposed to a discrimination claim, where compensation for injury to feelings is established by statute). Numerous attempts have been made, however, to try and establish the possibility that a separate claim might succeed where an express term had been broken, rather than the implied term of mutual trust & confidence. The Supreme Court, by a majority, has now excluded that possibility, rejecting the suggestion that breach of a disciplinary procedure followed as part of the dismissal process can somehow be seen as independent of the dismissal itself. To do so might take it outside the rule excluding separate damages for the manner of dismissal - something the Supreme Court considered Parliament had intended should be fully encompassed within the statutory protection against unfair dismissal.
Broadly, an employee will only recover loss of earnings in such cases, and the only compensation unrelated to monetary losses will be the basic unfair dismissal award.
Intergraf Economic News (Paper Prices) - March 2024
18 March 2024
Access the latest edition of the Economic Newsletter for the European Printing Industry for data on paper consumption, and pricing data for pulp, paper and recovered paper. Data for packaging papers and board is also available with this edition.
UK to follow global expansion of inkjet printing
21 March 2024
The latest expert analysis from Smithers identifies the potential of the latest generation of inkjet systems to improve profitability across the global print market. Read more about the new report The Future of Inkjet Printing to 2029.
The BPIF is the printing industries champion. By becoming a member you join a diverse and influential community. We help you solve business problems, connect you to new customers and suppliers and make your voice heard in government.
Call 01676 526030