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The implied term of fairness: a new role for the injunction?


The attached article first appeared in (Vol.21 No.2) ELA Briefing March 2014

Common law damages for irregularities in an employer’s handling of disciplinary proceedings in breach of an employee’s contractual rights are limited, and capped compensation for unfair dismissal will often give inadequate redress. Pre-emptive relief in the High Court is therefore becoming a more important remedy for employees. Rebecca Tuck explores…


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