high court injunction to prevent unfair dismissal
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Bullying - gaining an injunction to prevent unfair dismissal

If you are in the process of being unfairly dismissed, and especially if your employer is failing to follow their internal disciplinary procedures, you may be able to gain a High Court injunction to prevent the dismissal. The form below gives you an idea of the form of the injunction. For further information consult a legal book such as Harvey - Industrial Relations and Employment Law. You will need legal advice to complete and apply for the injunction.

 

Application for an interlocutory injunction to restrain dismissal

 

Writ

IN THE HIGH COURT OF JUSTICE                     [insert case number]

QUEEN'S BENCH DIVISION

[insert name of judge]

BETWEEN:

[insert name of Plaintiff]

                                                            Plaintiff

-- and --

[insert name of Defendant]

                                                          Defendant

The Plaintiff's claim is for:

(1) An order restraining the Defendant whether by itself, its servants, its agents or otherwise howsoever from:

(a) (i) dismissing or purporting to dismiss the Plaintiff from his/her position as [insert Plaintiff's job title];
    (ii) treating the Plaintiff as other than continuing to be employed by the Defendant as [
insert job title] unless and until the Defendant has properly complied with the disciplinary procedures contained in the Plaintiff's contract of employment;
(b) giving effect to its purported dismissal of the Plaintiff from the post of [
insert job title]

(2) Further or alternatively damages for breach of contract.

(3) Interest on the said damages pursuant to section 35A of the Supreme Court Act 1981.

This writ was issued by [name of the Plaintiff's solicitors], Solicitors for the Plaintiff whose address is [insert address of Plaintiff].

 

Summons

IN THE HIGH COURT OF JUSTICE                     [insert case number]

QUEEN'S BENCH DIVISION

[insert name of judge]

BETWEEN:

[insert name of Plaintiff]

                                                            Plaintiff

-- and --

[insert name of Defendant]

                                                          Defendant

LET all parties concerned attend the Judge in Chambers at [insert room number, court, date and time] on the hearing of an application on the part of the Plaintiff for an order that

(1) the Defendant be restrained by injunction until trial or further order from (whether by itself, its servants, its agents or otherwise howsoever)

(a) (i) dismissing or purporting to dismiss the Plaintiff from his/her position as [insert Plaintiff's job title]; and
    (ii) treating the Plaintiff as other than continuing to be employed by the Defendant as [
insert job title] unless and until the Defendant has properly complied with the disciplinary procedures contained in the Plaintiff's contract of employment; and
(b) giving effect to its purported dismissal of the Plaintiff from the post of [
insert job title]; and

that the costs of the said application [be paid by the Defendant to the Plaintiff]

Dated [insert date of summons]

This summons was taken out by [insert name and address of Plaintiff's solicitors]
Solicitor for the Plaintiffs.

To [insert name of Defendants]


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Hatton Barber et al: 16 practical propositions for a personal injury case
Right to be accompanied | The need for risk assessment
High Court injunction to prevent unfair dismissal | Obstruction to justice
Bullyonline action forum for validation and re-empowerment
UK Dignity at Work Bill | Swedish law on Victimization at Work
Bullying and human rights | Waters v. London Metropolitan Police
Barber v. Somerset County Council
Zimmerman: retaliation in the US courts
Bullying history: books, articles and publications since 1992
How to lobby your MP: example letter and summary of inadequacy of UK law
Amicus Campaign Against Bullying At Work (CABAW)
Tim Field's written submission to the Dignity at Work Bill debate
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