Could breach of contract damages weigh heavy on public sector?
A recent judgment from the Court of Appeal has ushered in a new era for high-value dismissal claims – although admittedly it may be short-lived if the Supreme Court overturns the decision.
The case, Edwards v Chesterfield Royal Hospital NHS Foundation Trust (2010 EWCA 571 CA), concerns a consultant trauma and orthopaedic surgeon claiming that a trust failed to follow a contractually binding disciplinary procedure before dismissing him. He alleges that had the correct procedure been followed, he would not have been found guilty of misconduct which, he says, led to him not only losing his job but also prevented him finding comparable alternative employment.
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