Contractual notice

Case 9: The facts

Sally Harper was dismissed summarily. She could not pursue an unfair dismissal claim because she had not worked for a year. Had she been given her contractual notice she would have had the necessary service.

The ruling

Harper argued that she should have compensation to reflect the fact that, by breaching her contract and not giving her the proper notice, her employers had effectively barred her from taking an unfair dismissal claim. The EAT ruled she could not claim damages for the loss of the right to claim unfair dismissal.

Virgin Net v Harper [2003] IRLR 831