Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571; [2011] UKSC 58

Occupational Stress: Two of a kind

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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Civil Claims: Finding alternatives to the employment tribunal

With government reforms making it more difficult for employees to bring tribunal claims, Kevin McCavish and Antonia Blackwell ask whether the civil courts could provide the answer ‘Advisers should be mindful of the terms of their client’s contract of employment.’ Employment tribunals are the main forum for dealing with disputes between employees and their employer …

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Termination Of Employment: Limits on use of an injunction

A recent ruling suggests that the courts will be reluctant to restrain employers from using their disciplinary procedures, Sarah Fitzpatrick explains Recent cases have demonstrated that the employer’s ability to terminate the contract is not unfettered, particularly if it has a contractual disciplinary policy which it is required to follow to effect a lawful dismissal. …

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Compensation Awards: Damages for the manner of dismissal

The Supreme Court ruling in the Edwards and Botham cases may not be as good news for employers as many commentators are suggesting, argues Stephen Levinson ‘The National Industrial Relations Court confirmed that a compensatory award was not intended to cover “injury to pride and feelings” and was limited to economic loss.’Employment contracts are not …

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