Edwards v Chesterfield Royal Hospital NHS Foundation Trust; Botham v Ministry of Defence [2011] UKSC 58, [2011] All ER (D) 101 (Dec)
Supreme Court, Lord Phillips P, Lord Walker, Lady Hale, Lord Mance, Lord Kerr, Lord Dyson and Lord Wilson SCJJ, 14 Dec 2011
The reasoning in Johnson v Unisys Ltd [2001] UKHL 13, [2001] 2 All ER 801 applies so as to preclude recovery of damages for loss arising from the unfair manner of a dismissal in breach of an express term of an employment contract.
Mark Sutton QC and Marcus Pilgerstorfer (instructed by DAC Beachcroft LLP) for the first appellant. Wendy Outhwaite QC (instructed by Treasury Solicitors) for the second appellant. Mary O’Rourke QC and Oliver Williamson (instructed by Ryan Solicitors) for the first respondent. Frederic Reynold QC and Philip Mead (instructed by Dean Wilson LLP) for the second respondent.
The respondents had been dismissed by the appellants, their respective employers, following allegations of misconduct. Both respondents issued claims in the High Court for damages for breach of their contracts of employment. In the case of the first respondent,
