Johnson v Unisys Ltd [2001] UKHL 13 – Law Journals

Breach of contract: The truth hurts but dishonesty can be costly

Fudia Smartt and Holly Hobson examine the lessons from a case in which, to ‘soften the blow‘ of dismissal, an employer gave a false reason for letting an employee go ‘In all but the most unusual cases, there was an implied duty on employers not to mislead employees deliberately. So, once it opted to give …

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Occupational Stress: Two of a kind

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Rushmi Sethi explores the inter-relationships between personal injury and employment law, when dealing with liability for psychological injury in occupational stress claims ‘The inter-relationships between tortious liability in personal injury practice and employment law practice with regard to occupational stress claims involve “some overlap”, because there are potentially two different fora available for redress with …

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Psychiatric Injury: For the greater good?

Liam Ryan discusses summary dismissal, psychiatric injury and remoteness ‘While Mr Yapp was not successful with regards to his claim for psychiatric injury it needs to be remembered his claim for unfair dismissal succeeded.’While stress at work claims where a claimant has been exposed to a lengthy and continuous period of stress recently benefited from …

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Case Report: Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512

Taking the strain; foreseeability in occupational stress claims ‘Occupational stress cases, whether founded on cumulative stress or on a one-off act of unfairness, remain extremely difficult to win.’ This case provides important confirmation of the difficulties in establishing liability for injury arising from occupational stress. Hitherto it was arguable that the high foreseeability hurdle erected …

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Termination Of Employment: Limits on use of an injunction

A recent ruling suggests that the courts will be reluctant to restrain employers from using their disciplinary procedures, Sarah Fitzpatrick explains Recent cases have demonstrated that the employer’s ability to terminate the contract is not unfettered, particularly if it has a contractual disciplinary policy which it is required to follow to effect a lawful dismissal. …

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Compensation Awards: Damages for the manner of dismissal

The Supreme Court ruling in the Edwards and Botham cases may not be as good news for employers as many commentators are suggesting, argues Stephen Levinson ‘The National Industrial Relations Court confirmed that a compensatory award was not intended to cover “injury to pride and feelings” and was limited to economic loss.’Employment contracts are not …

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