Case report round-up: Breach of express terms of disciplinary procedure allowed employee to claim breach of contract

XpertHR's latest case reports cover:

Damages: Johnson v Unisys does not apply to breaches of express terms In Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] IRLR 702 CA, the Court of Appeal held that breach of the express terms of a disciplinary procedure gave the employee the right to sue for damages, and that such damages were not, in principle, limited to either the notice period or the time that it would have taken for the procedure to have been conducted properly. (Employment Review)
Compromise agreements: Compromise agreement with chief executive was not ultra vires In Gibb v Maidstone & Tunbridge Wells NHS Trust [2010] IRLR 786 CA, the Court of Appeal held that a compromise agreement entered into by an NHS trust and its chief executive was not so irrationally generous as to be ultra vires, as subsequently argued by the trust. (Employment Review)

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