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Edwards v Chesterfield Royal Hospital NHS Foundation Trust
''Edwards v Chesterfield Royal Hospital NHS Foundation Trust'' and ''Botham v Ministry of Defence'' () (UKSC 58 ) is a UK labour law case, concerning wrongful dismissal.
==Facts==
Mr Edwards was dismissed from his surgeon job for ‘gross misconduct’ without having his contractual disciplinary procedure followed for alleged impropriety toward a female patient. The contract also said “the employment is subject to three months’ notice on either side”. The General Medical Council summarily dismissed his appeal. He claimed £3.8m in lost earnings and damage to reputation, arguing that if the procedure were proper, by having a lawyer and someone from his department on the panel, the allegations would not have been established against him, and his career would not have been wrecked. The GMC, however, did not prevent him continuing to work. The judge held that damages could not exceed the earnable income in the notice period, plus the period that a disciplinary procedure would last, and further damages were excluded by Johnson for the manner of the dismissal. The Court of Appeal held Mr Edwards could recover full damages for breach of express contractual disciplinary proceedings, and ''Johnson v Unisys Ltd'' only precludes a term being implied at common law for the manner of dismissal. Moore-Bick LJ ‘in cases where the claimant relies on the common law implied term it will sometimes be necessary to determine whether the act relied on formed part of the process of dismissal or preceded it. The need for that inquiry does not arise, however, in a case where the employee relies on an express term of the contract and accordingly in such cases the Johnson exclusion area is not a relevant concept.’ Ward LJ and Lloyd LJ concurred.
The case was joined to ''Botham v Ministry of Defence''. Mr Botham was a youth community worker in Germany till he was dismissed by the MoD for gross misconduct for inappropriate behaviour with two teenage girls in September 2003. He was placed on a list of people unsuitable to work with children under the Protection of Children Act 1999, and not removed until July 2007. He claimed unfair dismissal. The Tribunal found he was unfairly dismissed, and was awarded the maximum, his name removed from the register. He then claimed damages for breach of contract in the High Court. Slade J in the High Court held that he could not recover damages, because it related to the manner of dismissal.〔() EWHC 646〕 Pill LJ approved an appeal, because of the ''Edwards'' case, and gave permission to go to the Supreme Court.
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