Yapp v Foreign & Commonwealth Office

Yapp v Foreign & Commonwealth Office

The FCO breached the claimant's contract of employment and duty of care by withdrawing him from post without affording him fair treatment, including failing to inform him of the allegations and to conduct a preliminary investigation before the decision. This breach caused the claimant financial loss and psychiatric injury, for which he is entitled to damages.

Parties
Claimant: John Yapp; Defendant: Foreign and Commonwealth Office
Jurisdiction
England and Wales
Judgment Date
03 May 2013
Procedural Posture
Employment Contract Claim / Judgment After Trial
Outcome
Claim allowed in part; claimant entitled to damages for breach of contract and duty of care.
Legal Topics
Breach of Employment Contract, Implied Term of Trust and Confidence, Duty of Care, Fair Treatment in Disciplinary Proceedings, Damages for Psychiatric Injury
Employment Law Contract Law Tort Law Breach of Employment Contract Implied Term of Trust and Confidence Duty of Care Fair Treatment in Disciplinary Proceedings Damages for Psychiatric Injury

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Parties

John Yapp

Claimant

Foreign and Commonwealth Office

Defendant

Procedural Posture

Employment Contract Claim / Judgment After Trial

Legal Issues

  1. 1 Whether the FCO breached the claimant's contract of employment by withdrawing him from post without fair treatment
  2. 2 Whether the FCO breached its duty of care to the claimant
  3. 3 Whether the claimant is entitled to damages for financial loss and psychiatric injury

Ratio Decidendi

The FCO breached the claimant's contract of employment and duty of care by withdrawing him from post without affording him fair treatment, including failing to inform him of the allegations and to conduct a preliminary investigation before the decision. This breach caused the claimant financial loss and psychiatric injury, for which he is entitled to damages.

Court Disposition

Claim allowed in part; claimant entitled to damages for breach of contract and duty of care.

Orders

  • Damages to be assessed for financial loss and psychiatric injury caused by breach of contract and duty of care.
  • Parties to attempt settlement on quantum in light of findings.