Smith v. American Life Insurance Company [2001] UKEAT 0280_00_1306 (13 June 2001)
The disciplinary procedure was a contractual term and, once invoked, bound the employer to follow it fully. Dismissal during the procedure without completing all steps constituted breach of contract, entitling the employee to damages for the period the procedure would have taken, not just notice period.
Source-derived case information.
- Citation
- [2001] UKEAT 0280_00_1306
- Parties
- Appellant: A Smith; Respondent: Respondents
- Jurisdiction
- United Kingdom
- Judgment Date
- 13 June 2001
- Procedural Posture
- Employment Tribunal Appeal / Appeal From Damages Assessment
- Outcome
- Appeal allowed; Tribunal's damages assessment substituted.
- Legal Topics
- Breach of Contract, Disciplinary Procedures, Notice Entitlement, Damages Assessment
Source-derived case record
Summary, issues, holding and outcome
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Parties
A Smith
Appellant
Respondents
Respondent
Procedural Posture
Employment Tribunal Appeal / Appeal From Damages Assessment
Legal Issues
- 1 Whether dismissal during disciplinary procedure breached contractual terms
- 2 Whether damages should be limited to notice period or include full disciplinary procedure duration
Ratio Decidendi
The disciplinary procedure was a contractual term and, once invoked, bound the employer to follow it fully. Dismissal during the procedure without completing all steps constituted breach of contract, entitling the employee to damages for the period the procedure would have taken, not just notice period.
Court Disposition
Appeal allowed; Tribunal's damages assessment substituted.
Orders
- Respondents to pay additional compensation of £1,750 to Appellant.
Full Case Text
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