Law Queries

A colleague was suspended pending an investigation into charges, eventually found to be without foundation. This led him to suffer from a psychiatric illness. He knows that he is likely to win an unfair dismissal case but because there is a maximum amount of compensation we feel that he must have some additional legal remedy.

He may be able to take a breach of contract claim The Court of Appeal has recently confirmed that claims over the manner of an employee's dismissal can only be brought as as part of an unfair dismissal claim. However, it went on to rule that an employee with an unfair dismissal claim could take a breach of contract claim at the High Court over the manner of the suspension which preceded the dismissal.

* More information: A new LRD booklet, Contracts of employment - a legal guide gives information on breaches of contract. The case is McCabe v Cornwall CC A2/2002/1330