E dwards v C hesterfield R oyal H ospital – Parliamentary Intention and Damages Caused by Maladministration of a Contractual Dismissal Procedure
Bibliographic Data
| ID | 9196133 |
|---|---|
| Authors | Kevin Costello (0000-0001-6697-0497, School of Law University College Dublin, corresponding author) |
| Year | 2013 |
| Volume | 76 |
| Issue | 1 |
| Pages | 134-145 |
| Publication date | 2013-01-01 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1468-2230.12005 |
| OpenAlex | W1606794839 |
| Language | EN |
| Citations received | 1 |
| References cited | 5 |
In E dwards v C hesterfield R oyal H ospital NHS Foundation Trust [2011] UKSC 58 [2012] 2 W . L . R . 55 the S upreme C ourt addressed the following question: is an employee, who can establish that (a) if a contractual disciplinary process had been correctly administered he would have been exonerated, and (b) thereafter employed until retirement, able to sue for loss of the earnings that he would have acquired until retirement? Three members of the S upreme C ourt held that such a remedy was not reconcilable with the enactment, originally in the I ndustrial R elations A ct 1971, of a statutory unfair dismissals protection regime. It was P arliament's intention that an employee should not be able to outmanoeuvre the statute's compensation limitation rules by deploying a superior common law remedy. This note considers that reading of P arliament's intention
Business · Damages · Dismissal · Parliament · Political science · Statute · Statutory law · Supreme court · Unfair dismissal · Law · Legal principles and applications
| Citations per year | 0.08 |
|---|---|
| Citation span | 2013 - 2013 (1) |
| Highly cited | No |