Edwards v Chesterfield Royal Hospital NHS Foundation Trust

Edwards v Chesterfield Royal Hospital NHS Foundation Trust

Where an express contractual disciplinary procedure is breached and findings of misconduct are made that would not otherwise have occurred, the employee may recover damages for loss caused by that breach, including loss of opportunity to obtain similar employment, and is not limited to damages for the notice period or period required for disciplinary proceedings. The Johnson exclusion area does not apply to breaches of express contractual terms.

Parties
Claimant/appellant: Michael Steven Delawar Edwards; Defendant/respondent: Chesterfield Royal Hospital NHS Foundation Trust
Jurisdiction
England and Wales
Judgment Date
26 May 2010
Procedural Posture
Civil Appeal / Court of Appeal, Second Appeal From High Court Summary Judgment
Outcome
Appeal allowed
Legal Topics
Wrongful Dismissal, Breach of Contract, Disciplinary Procedures, Measure of Damages
Employment Law Contract Law Wrongful Dismissal Breach of Contract Disciplinary Procedures Measure of Damages

Case Brief

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Parties

Michael Steven Delawar Edwards

Claimant/appellant

Chesterfield Royal Hospital NHS Foundation Trust

Defendant/respondent

Procedural Posture

Civil Appeal / Court of Appeal, Second Appeal From High Court Summary Judgment

Legal Issues

  1. 1 Whether breach of contractual disciplinary procedures entitles employee to damages beyond notice period
  2. 2 Whether findings of misconduct made in breach of contract can sound in damages
  3. 3 Effect of Johnson v Unisys and Gunton v Richmond-upon-Thames on measure of damages

Ratio Decidendi

Where an express contractual disciplinary procedure is breached and findings of misconduct are made that would not otherwise have occurred, the employee may recover damages for loss caused by that breach, including loss of opportunity to obtain similar employment, and is not limited to damages for the notice period or period required for disciplinary proceedings. The Johnson exclusion area does not apply to breaches of express contractual terms.

Court Disposition

Appeal allowed

Orders

  • Order below set aside; Mr. Edwards' claim for damages is not limited to notice period and period required for disciplinary proceedings; damages for breach of disciplinary procedure may be recoverable subject to proof at trial