Commentary

(b) Damages for dismissal in breach of disciplinary procedure

Division AII Contract of Employment
| Commentary

(b) Damages for dismissal in breach of disciplinary procedure

| Commentary

(b)     Damages for dismissal in breach of disciplinary procedure

The leading case on the right to damages for a dismissal in breach of contractual procedures was for many years the Court of Appeal's decision in Gunton v London Borough of Richmond upon Thames [1981] Ch 448, [1980] ICR 755, [1980] 3 All ER 577, subsequently affirmed by the Court in Boyo v London Borough of Lambeth [1995] IRLR 50, [1994] ICR 727; these cases allow claims for damages based on the pay that would have been earned during the time it would have taken the employer to dismiss the employee in accordance with the contractual requirements of the procedure, but no more, it being effectively presumed that the outcome would have been dismissal, and that that would have been contractually permissible. Gunton was also one of the leading cases applying the elective theory of contract law to a repudiatory breach of the contract of employment: that (as in the law of contract more generally) such a breach, by either party, does not of itself terminate the contract, unless and until accepted by the other party. That theory has now received the formal imprimatur of the Supreme Court

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