Commentary

(f) An obligation ultimately to dismiss?

Division AII Contract of Employment
| Commentary

(f) An obligation ultimately to dismiss?

| Commentary

(f)     An obligation ultimately to dismiss?

One potential problem (long known in health and safety law in relation to physical injuries, but potentially of equal significance in relation to mental injuries) is whether an employer ever comes under a legal obligation to dismiss an employee in order to avoid further injury, particularly where the employee is insistent that they want to continue and take their chances. Older authority was against such an obligation (Withers v Perry Chain Co Ltd [1961] 3 All ER 676, CA—'The employee is free to decide for herself what risk she will run', per

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