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Court case 'could change tribunals forever' PDF Print E-mail
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Latest Recruitment News - HR and Recruitment Legislation News
Written by DirectNews Feed   
Wednesday, 21 April 2010 00:00
Court case 'could change tribunals forever' Lawyers have today (April 21st) warned that a current case could lead to a new era of multi-million pound payouts for unfair dismissals.

In a Court of Appeal case beginning today, titled Edwards v Chesterfield Royal Hospital NHS Foundation Trust, a consultant has claimed that the trust did not follow statutory disciplinary procedure when dismissing him.

This case could, according to experts, set new precedents for compensation payouts awarded to dismissed staff when the company fails to enforce its own rules. In order to reflect his loss of earnings during his period of unemployment, Edwards is claiming more than £4 million in compensation from the trust. The current set limit for awards at tribunals for unfair dismissal is £63,500.

Should Edwards win, law firm Eversheds predicts that employers will become much more wary about following their own procedures in future.

Martin Warren, partner at Eversheds, said: "In some sectors disciplinary procedures tend to be explicitly incorporated into employees' terms and conditions but in others this practice is less common.

"Employers need to take real care when drafting contracts and staff handbooks to avoid inadvertently conferring contractual status on disciplinary policies."
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