Edwards v Chesterfield Royal Hospital NHS Foundation Trust - no separate contractual claim available for manner of dismissal
Unless the parties to an employment contract have expressly agreed otherwise, the statutory law on unfair dismissal - and the clear Parliamentary intention behind it - means that there exists no separate claim for alleged breach of contract relating to the manner of the dismissal.
Both of these cases have long and complex histories. Both employees were dismissed - Mr Edwards by the NHS Trust and Mr Botham by the Ministry of Defence - for gross misconduct, but in each case there were successful challenges to the dismissals.
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