Hill v General Accident Fire & Life Assurance Corp Plc [1999] ScotCS 17 (14 January 1999)

Hill v General Accident Fire & Life Assurance Corp Plc [1999] ScotCS 17 (14 January 1999)

The court held that the pursuer's allegations of disparate treatment are not so plainly irrelevant as to be excluded at this stage; such evidence may be relevant to the genuineness of the reason for redundancy and the alleged breach of mutual trust and confidence.

Citation
[1999] ScotCS 17
Parties
Pursuer: Brian Douglas Hill; Defenders: General Accident Fire and Life Assurance Corporation PLC
Jurisdiction
Scotland
Judgment Date
14 January 1999
Procedural Posture
Civil (employment/contract) / Interlocutory (pleading Amendment)
Outcome
Pursuer's amendment allowed; allegations regarding Ms Janowska not excluded.
Legal Topics
Implied Term of Mutual Trust and Confidence, Redundancy Selection, Disparity of Treatment, Bad Faith in Employment Termination
Employment Law Contract Law Implied Term of Mutual Trust and Confidence Redundancy Selection Disparity of Treatment Bad Faith in Employment Termination

Case Brief

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Parties

Brian Douglas Hill

Pursuer

General Accident Fire and Life Assurance Corporation PLC

Defenders

Procedural Posture

Civil (employment/contract) / Interlocutory (pleading Amendment)

Legal Issues

  1. 1 Whether the pursuer's pleadings regarding disparate treatment and breach of mutual trust and confidence should be allowed to proceed to proof
  2. 2 Whether the alleged disparity in treatment between the pursuer and Ms Janowska is relevant to the claim of breach of contract

Ratio Decidendi

The court held that the pursuer's allegations of disparate treatment are not so plainly irrelevant as to be excluded at this stage; such evidence may be relevant to the genuineness of the reason for redundancy and the alleged breach of mutual trust and confidence.

Court Disposition

Pursuer's amendment allowed; allegations regarding Ms Janowska not excluded.

Orders

  • Pleadings amended in terms of pursuer's Minute of Amendment and defenders' Answers.
  • No exclusion of averments regarding Ms Janowska.