Ian Smith leaves his beach hut to take shelter from the wind & consider three cases covering common ground…but each with a peculiar twist
- Calculation of damages for wrongful dismissal.
- When is it reasonable to dispense with procedures?
- Re-engagement and lack of trust and confidence.
The three cases considered this month have one thing in common, namely that they all concern well travelled areas of basic employment law, but have a peculiar twist to them. The first concerns the venerable law on damages for wrongful dismissal, but with the twist of arising under a fixed-term sports contract with a most peculiar provision on notice. The second concerns the position in unfair dismissal law of a dismissal without going through applicable disciplinary procedures, usually a complete no-no, but here held to be fair. The third (also as it happens in a sports context) concerns the law on re-engagement and how far an employer can oppose it on the grounds of lack of trust and confidence (arguably a feature of most
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