Young Or Logan v Falkirk & District Royal Infirmary NHS Trust [1999] ScotCS 184 (3 August 1999)

Young Or Logan v Falkirk & District Royal Infirmary NHS Trust [1999] ScotCS 184 (3 August 1999)

The pursuer's pleadings failed to specify how the alleged sick leave policy was incorporated into her contract of employment; therefore, no relevant breach of contract was averred and the action must be dismissed.

Citation
[1999] ScotCS 184
Parties
Pursuer: Barbara Young or Logan; Defenders: Falkirk and District Royal Infirmary NHS Trust
Jurisdiction
Scotland
Judgment Date
03 August 1999
Procedural Posture
Civil (employment Contract Dispute) / Procedure Roll Debate (motion to Dismiss)
Outcome
Action dismissed
Legal Topics
Breach of Contract, Employment Policy Incorporation, Damages for Psychiatric Injury, Remoteness of Damages
Employment Law Contract Law Breach of Contract Employment Policy Incorporation Damages for Psychiatric Injury Remoteness of Damages

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Parties

Barbara Young or Logan

Pursuer

Falkirk and District Royal Infirmary NHS Trust

Defenders

Procedural Posture

Civil (employment Contract Dispute) / Procedure Roll Debate (motion to Dismiss)

Legal Issues

  1. 1 Whether the employer's sick leave policy was incorporated into the contract of employment
  2. 2 Whether damages for psychiatric injury are recoverable in contract

Ratio Decidendi

The pursuer's pleadings failed to specify how the alleged sick leave policy was incorporated into her contract of employment; therefore, no relevant breach of contract was averred and the action must be dismissed.

Court Disposition

Action dismissed

Orders

  • Sustained defenders' first plea-in-law and dismissed the action