In Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010], a doctor was summarily dismissed following a disciplinary proceedings. He successfully argued that his dismissal was wrongful (in breach of contract procedures. How much would should he get?
The Trust argued that any damages for breach of contract should be limited to his 3 month notice period. Dr Edwards argued that the breaches by the Trust affected his professional status, causing career long losses of some £4m.
The Court of Appeal agreed that if the substantive claim succeeded, loss of earnings could cover the period in which Dr Edwards would have remained employed had the contractual disciplinary procedure been observed. Dr Edwards can now claim that his career long losses would be £4m. As a fall back argument, the Trust may argue that he would still have been dismissed even had their procedures been adhered to. This decision is controversial though because it could give employees a way around the statutory cap of some £65,300 in unfair dismissal claims and the one year qualifying period. The Trust is seeking leave to appeal to the Supreme Court. Lesson for employers; make disciplinary procedures non-contractual, & follow procedures if at all possible (Source: ELA, barrister Daniel Barnett.)
James Carmody
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