King (ap) v. University Court of the University of St. Andrews [2002] ScotCS 28 (30th January, 2002)

King (ap) v. University Court of the University of St. Andrews [2002] ScotCS 28 (30th January, 2002)

The implied duty of trust and confidence subsists during the employer's investigation and evaluation prior to the decision to dismiss, and breaches alleged during this period are relevant. Johnson v Unisys Ltd does not preclude such claims where the breach occurs before the decision to dismiss.

Citation
[2002] ScotCS 28
Parties
Pursuer: Peter King; Defender: University Court of the University of St Andrews
Jurisdiction
Scotland
Procedural Posture
Civil Employment Dispute / Procedure Roll, Preliminary Legal Issue
Outcome
Pursuer's first plea in law repelled; case put out By Order for further procedure.
Legal Topics
Implied Terms, Duty of Trust and Confidence, Disciplinary Procedures, Termination of Employment
Employment Law Contract Law Implied Terms Duty of Trust and Confidence Disciplinary Procedures Termination of Employment

Case Brief

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Parties

Peter King

Pursuer

University Court of the University of St Andrews

Defender

Procedural Posture

Civil Employment Dispute / Procedure Roll, Preliminary Legal Issue

Legal Issues

  1. 1 Does the implied duty of trust and confidence subsist during the employer's investigation and evaluation prior to dismissal?
  2. 2 Is the pursuer's claim for breach of implied duty relevant in light of Johnson v Unisys Ltd?

Ratio Decidendi

The implied duty of trust and confidence subsists during the employer's investigation and evaluation prior to the decision to dismiss, and breaches alleged during this period are relevant. Johnson v Unisys Ltd does not preclude such claims where the breach occurs before the decision to dismiss.

Court Disposition

Pursuer's first plea in law repelled; case put out By Order for further procedure.

Orders

  • Case to be put out By Order for further procedure, including amendment of pleadings and specification issues.