Smith v. American Life Insurance Company [2000] UKEAT 280_00_2106 (21 June 2000)

Smith v. American Life Insurance Company [2000] UKEAT 280_00_2106 (21 June 2000)

There is an arguable point of law that failure to follow a disciplinary procedure, once contractually bound, may constitute a breach of contract entitling the claimant to damages for lost procedural time.

Source-derived case information.

Citation
[2000] UKEAT 280_00_2106
Parties
Appellant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
21 June 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Matter listed for full hearing; arguable point of law found.
Legal Topics
Breach of Contract, Disciplinary Procedure, Damages
Employment Law Breach of Contract Disciplinary Procedure Damages

Source-derived case record

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Parties

Appellant

Appellant

Respondents

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

  1. 1 Whether failure to follow disciplinary procedure constitutes breach of contract
  2. 2 Whether damages are payable for time lost due to failure to follow procedure

Ratio Decidendi

There is an arguable point of law that failure to follow a disciplinary procedure, once contractually bound, may constitute a breach of contract entitling the claimant to damages for lost procedural time.

Court Disposition

Matter listed for full hearing; arguable point of law found.

Orders

  • Matter to be listed for full hearing in category C for ½ day.
  • Skeleton arguments to be furnished 14 days before hearing date.