Case Digests - Contracts of employment Monday, 19 December 2011

Edwards v Chesterfield Royal Hospital NHS Foundation Trust

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No separate contractual claim for manner of dismissal
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Overview
Overturning the Court of Appeal, the Supreme Court has held (by a majority) that an employee cannot bring a breach of contract claim for losses flowing from the manner of dismissal even where the dismissal is in breach of an express contractual disciplinary procedure. The statutory unfair dismissal regime is intended to cover everything to do with the dismissal process – any free-standing claim can only arise out of a genuinely free-standing issue.
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