“No tort claims for unfair dismissal - statutory regime provides exclusive remedy”
Johnson was dismissed by Unisys following allegations of dishonesty. He suffered a mental breakdown which he claimed was caused by the manner of his dismissal. Johnson brought a claim for breach of the implied term of trust and confidence, seeking damages exceeding the statutory cap for unfair dismissal.
Whether an employee can claim damages in contract or tort for the manner of their dismissal, where such claims would circumvent the statutory unfair dismissal regime and its compensation limits.
The House of Lords held that no claim lay in contract or tort for the manner of dismissal. The statutory unfair dismissal regime provides the exclusive remedy for wrongful dismissal complaints.
This decision clarified the boundary between contractual employment rights and statutory protection, ensuring the statutory unfair dismissal regime remains the primary route for dismissal-related claims.
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OSCOLA Citation
Johnson v Unisys Ltd [2001] UKHL 13, [2003] 1 AC 518
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