Marshall v. Hardys & Hansons Plc [2001] UKEAT 0878_01_1009 (10 September 2001)

Marshall v. Hardys & Hansons Plc [2001] UKEAT 0878_01_1009 (10 September 2001)

Damages for mental distress or damage to reputation are not recoverable in wrongful dismissal claims; the Employment Tribunal correctly applied Johnson v Unisys Ltd and did not err in law by dismissing the claim.

Citation
[2001] UKEAT 0878_01_1009
Parties
Appellant: Mr Marshall; Respondent: Unknown Respondent
Jurisdiction
United Kingdom
Judgment Date
10 September 2001
Procedural Posture
Employment Appeal / Preliminary Hearing Ex Parte
Outcome
appeal dismissed
Legal Topics
Wrongful Dismissal, Damages for Manner of Dismissal, Breach of Contract
Employment Law Contract Law Wrongful Dismissal Damages for Manner of Dismissal Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Marshall

Appellant

Unknown Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether damages for the manner of dismissal are recoverable in breach of contract claims following Johnson v Unisys Ltd
  2. 2 Whether the Employment Tribunal erred in law in dismissing the claim for damages for breach of contract

Ratio Decidendi

Damages for mental distress or damage to reputation are not recoverable in wrongful dismissal claims; the Employment Tribunal correctly applied Johnson v Unisys Ltd and did not err in law by dismissing the claim.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; Employment Tribunal decision upheld