Focsa Services (UK) Ltd v Birkett

JurisdictionUK Non-devolved
Year1996
Date1996
CourtEmployment Appeal Tribunal
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9 cases
  • R (John Botham) v Ministry of Defence
    • United Kingdom
    • Queen's Bench Division
    • 26 March 2010
    ...he would have been successful in any properly constituted disciplinary proceedings. In the case of Focsa Services (UK) Ltd v Birkett [1996] IRLR 325 the EAT chaired by Judge Clark said, “[21] The fallacy in our judgment, in the chairman's reasoning is to disregard the normal common law rule......
  • Wise Group v Mitchell
    • United Kingdom
    • Employment Appeal Tribunal
    • Invalid date
  • Clayton Powell v Industrial Disputes Tribunal and Another
    • Jamaica
    • Supreme Court (Jamaica)
    • 5 December 2014
    ...situation with respect to damages as if the contract had been performed’ This principle was applied inFocsa Services (UK) Ltd. v. Birkett [1996] IRLR 325 [1996] IRLR 325 where it was stated that ‘in cases of wrongful dismissal that loss is limited to the sums payable to the employee if the ......
  • Okeke v University of Belize
    • Belize
    • Court of Appeal (Belize)
    • 28 March 2013
    ...taken to complete — see Gunton v. Richmon-upon-Themes London Borough Council [1980] ICR 755, and Focsa Services (UK) Ltd. v. Birkett [1996] IRLR 325. But the appellant did not conduct his claim with damages for breach of procedure in mind; he did not adduce evidence of any damages that migh......
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1 books & journal articles
  • ‘Dishonest and Corrupt’ Companies, Employees and Stigma Damages
    • United Kingdom
    • Emerald Journal of Financial Crime No. 6-1, March 1998
    • 1 March 1998
    ...qualifying period, the employers are under an obligation to treat her as if she had so qualified: Focsa Services (UK) Ltd v Birkett [1996] IRLR 325 (EAT). Simi-larly, there is no implied term that the employ-ment relationship contains the principles of natural justice: McLory v Post Office ......

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