Irani v Southampton AHA [1985] ICR 590

• Plaintiff had an irreconcilable clash with his senior colleague and Defendant decided to dismiss him.

• Plaintiff 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 Plaintiff 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 Plaintiff 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 Plaintiff would become unemployable with the NHS (who don’t rehire people who have been sacked).

• Finally Plaintiff wouldn’t be able to use the facilities at the hospital for hi private patients.