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- Title
Edwards v Chesterfield Royal Hospital - Parliamentary Intention and Damages Caused by Maladministration of a Contractual Dismissal Procedure.
- Authors
Costello, Kevin
- Abstract
In Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2011] UKSC 58 [2012] 2 W. L. R. 55 the Supreme Court 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 Supreme Court held that such a remedy was not reconcilable with the enactment, originally in the Industrial Relations Act 1971, of a statutory unfair dismissals protection regime. It was Parliament'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 Parliament's intention.
- Subjects
UNITED Kingdom; LABOR laws; DAMAGES (Law); WAGE lawsuits; RETIREMENT laws; ACTIONS &; defenses (Law); GREAT Britain. Supreme Court; STATUTES
- Publication
Modern Law Review, 2013, Vol 76, Issue 1, p134
- ISSN
0026-7961
- Publication type
Article
- DOI
10.1111/1468-2230.12005