The full text judgment in this case is available free of charge on the BAILII web-site.
Representation:
Mr John Stiles, barrister of Legal Personnel and Management Services. Merchants House. 1-7 Leeds Road. Windhill Bridge. Shipley. West Yorkshire BD18 1BP for Giraud UK Ltd
Mr Smith did not appear and was not represented
Authority for the proposition that:-
a clause in an employment contract which sets out the damages whch must be paid in the event of breach will be regarded as an unlawful (and therefore unenforceable) penalty clause if it is not a genuine pre-estimate of loss or damage.
For relevant general notes see Notice periods/by employee and Wrongful dismissal/damages for .
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prepared Sept2000.