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Irani v Southampton AHA

[1985] ICR 590

Case summary last updated at 18/02/2020 19:09 by the Oxbridge Notes in-house law team.

Judgement for the case Irani v Southampton AHA

P had an irreconcilable clash with his senior colleague and D decided to dismiss him. P claimed that this was in breach of the disciplinary procedure incorporated into his contract (as part of the company blue book) and sought both a declaration that the dismissal was unlawful and an injunction not to dismiss P prior to the full trial. Warner J granted the injunction.  

Warner J: See 3 conditions for granting an injunction above (in Ewing article, as well as subsequent revision in Robb). Here there was still complete confidence (since the employer was really just sacking P in response to union pressure). Damages would be inadequate, because if the interlocutory injunction preventing sacking were not granted then a full injunction (for reinstatement etc) wouldn’t be possible since the employment would have come to an end the notice period having finished. Also P would become unemployable with the NHS (who don’t rehire people who have been sacked). Finally P wouldn’t be able to use the facilities at the hospital for hi private patients. 

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