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The Contract of Employment$
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Mark Freedland, Alan Bogg, David Cabrelli, Hugh Collins, Nicola Countouris, A.C.L. Davies, Simon Deakin, and Jeremias Prassl

Print publication date: 2016

Print ISBN-13: 9780198783169

Published to Oxford Scholarship Online: August 2016

DOI: 10.1093/acprof:oso/9780198783169.001.0001

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Remedies for Breach and for Wrongful Dismissal

Remedies for Breach and for Wrongful Dismissal

Chapter:
(p.599) 28 Remedies for Breach and for Wrongful Dismissal
Source:
The Contract of Employment
Author(s):

Lizzie Barmes

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198783169.003.0028

This chapter explores the detail of the remedial rules of the law of the contract of employment. It explains the limited potential for debt actions, how law and contracting practice interact to ensure that damages for dismissal breaches of contract are often very limited, additional restrictions on liability and remedies because of the Johnson line of authority and, finally, the difficulty for employees of securing injunctive relief. Remaining scope is, however, demonstrated for employment contract breach to attract either substantial compensation or effective specific enforcement, sometimes even in respect of dismissal. The divergent operation of employment contract law on remedies is shown to have produced doctrinal error, incoherence, and inequity, while possibilities are outlined for judges appropriately to reconstruct the law from within. The conclusion is drawn, nonetheless, that Parliamentary intervention would be necessary to render the law in this area more just and coherent.

Keywords:   employment, contractual remedy, compensation, damages, injunction

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