Guernsey Judgment 7/2002 - Smith v Education Council of the States

View printable version

Employment—disciplinary sanctions—use of improper sanction—employee may be estopped from pleading breach of contract if acquiesces in use of improper sanction, e.g. teacher estopped from claiming demotion invalid as not available disciplinary sanction if assumes otherwise, accepts sanction and continues demoted for several years before alleging employer's improper exercise of powers. Estoppel—estoppel by convention—definition and application—estoppel by convention may arise when both parties to transaction act on assumed and mistaken view of facts or law, assumption being shared by both or made by one and acquiesced in by other—estoppel precludes parties from denying truth of assumption if unjust to allow them (or one of them) to go back on it.