Remedies for Breach and for Wrongful Dismissal

Abstract

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.