Eastwood v Magnox Electric Plc [2002] EWCA Civ 463 (22 March 2002)

Eastwood v Magnox Electric Plc [2002] EWCA Civ 463 (22 March 2002)

The majority in Johnson v Unisys Ltd held that claims for damages arising from the manner of dismissal, whether framed in contract or tort, fall within the exclusive jurisdiction of the Employment Tribunal under the statutory unfair dismissal regime and cannot be pursued as common law claims in the ordinary courts. The implied term of mutual trust and confidence does not apply to the manner of dismissal, and any losses arising from such conduct must be claimed through the statutory scheme. The facts of this case fall squarely within the scope of Johnson, precluding the claimants' claims in the County Court.

Citation
[2002] EWCA Civ 463
Parties
Claimant/appellant: George Brian Eastwood; Claimant/appellant: John Roger Williams; Defendant/respondent: Magnox Electric Plc
Jurisdiction
England and Wales
Judgment Date
22 March 2002
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Implied Term of Mutual Trust and Confidence, Damages for Manner of Dismissal, Jurisdiction of Employment Tribunal, Remoteness of Damage
Employment Law Contract Law Tort Law Unfair Dismissal Implied Term of Mutual Trust and Confidence Damages for Manner of Dismissal Jurisdiction of Employment Tribunal Remoteness of Damage

Case Brief

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Parties

George Brian Eastwood

Claimant/appellant

John Roger Williams

Claimant/appellant

Magnox Electric Plc

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Preliminary Issue

Legal Issues

  1. 1 Whether the claimants can bring a common law claim in contract or tort for damages arising from the manner of their dismissal, in light of the statutory unfair dismissal regime and the House of Lords decision in Johnson v Unisys Ltd.
  2. 2 Whether the implied term of mutual trust and confidence or a duty of care can found a claim for damages for psychiatric injury arising from the employer's conduct leading to dismissal.

Ratio Decidendi

The majority in Johnson v Unisys Ltd held that claims for damages arising from the manner of dismissal, whether framed in contract or tort, fall within the exclusive jurisdiction of the Employment Tribunal under the statutory unfair dismissal regime and cannot be pursued as common law claims in the ordinary courts. The implied term of mutual trust and confidence does not apply to the manner of dismissal, and any losses arising from such conduct must be claimed through the statutory scheme. The facts of this case fall squarely within the scope of Johnson, precluding the claimants' claims in the County Court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to be subject to detailed assessment in default of agreement.
  • Interim award of £20,000 to be paid to the defendants towards costs, payable within 28 days.