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Law Cases
Labour Law Cases
Job security Cases

Irani v Southampton AHA [1985] ICR 590

Country:
United Kingdom
By Oxbridge Law Team
Warner J

  • 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. 

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