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
Source-derived case record
Summary, issues, holding and outcome
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Parties
Appellant
Appellant
Respondents
Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 Whether failure to follow disciplinary procedure constitutes breach of contract
- 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.
Full Case Text
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