Loss of dismissal protection

Case 6: The facts

Sally Harper was summarily dismissed in breach of her contract. She sued for damages for wrongful dismissal and was successful.

Harper also claimed damages to reflect her loss of unfair dismissal compensation, as her dismissal without notice meant that she had not acquired the necessary year's service to bring an unfair dismissal claim.

The ruling

The Court of Appeal held that Harper's date of dismissal could not extend beyond any statutory notice to which she would have had an entitlement.

The fact that she had a longer contractual notice which would have brought her within the year's service, had she not been dismissed without notice, was not relevant.

Harper v Virgin Net, [2003] IRLR 390