[2004] UKHL 35, on 15th July 2004, [2004] ICR 1064, HL (also reported at at [2004] IRLR 733).
NOTES

  • McCabe v Cornwall County Council & ors [2004] UKHL 35 on 15th July 2004, reported at [2004] ICR 1064 (and at [2004] IRLR 733).
  • The full text of the judgment in this case is available free of charge on the BAILII website
    (search on "Eastwood" and "Magnox")

    Representation:-

  • Michael Beloff QC and Richard Mawhinney for the employers
  • Oliver Hymas for the claimant.
    Authority for the propositions that:-

    1. there are circumstances in which an ex-employee can bring a case in the County Court or High Court (where there is no limit to the damages which can be awarded) against his ex-employer for breach of the implied contractual term that the employer must act fairly.
    2. there may be circumstances in which an employee can apply for an injunction to restrain an employer from dismissing him in breach of contract.

    For relevant general notes see Implied terms in employment contracts/duties of employer and/or Wrongful dismissal/unfair dismissal and wrongful dismissal compared and/or Health and Safety at work/stress/a general note .


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    updated July2004.