Mauro Milanese V Leyton Orient Football Club Limited
Page 1 Mauro Milanese v Leyton Orient Football Club Limited Case No: HQ15X03460 High Court of Justice Queen's Bench Division 26 May 2016 [2016] EWHC 1161 (QB) 2016 WL 02996983 Before: Mrs Justice Whipple Date: 26/05/2016 Hearing dates: 8, 9, 10, 14, 15, 16 and 17 March 2016 Representation Mr Tom Croxford and Mr Nick De Marco (instructed by Centrefield LLP ) for the Claimant. Mr Caspar Glyn QC (instructed by Mishcon de Reya LLP ) for the Defendant. Judgment Mrs Justice Whipple: I. Introduction 1 The Claimant was the Director of Football of the Defendant football club from 10 July 2014 until his dismissal on 26 January 2015. The Claimant claims the sums specified in his contract of employment (the “Contract”) as falling due on termination without notice. In the alternative, he claims damages for wrongful termination. He also claims for salary, expenses and accrued holiday pay due at the date of dismissal. 2 The Defendant denies the claim. The Defendant contends that it was entitled to dismiss the Claimant summarily. The Defendant wrote to the Claimant on 26 January 2015 saying he was dismissed with immediate effect “ as a consequence of serious misconduct by you that have brought the Club into an unbearable situation, as well as the breaking by you of the good faith principle underlying the employment contract” . No explanation was given in that letter or at that time. 3 The Defendant now contends that its reason for dismissing the Claimant, at that time, was the discovery of the Claimant's overspending on players and failure to admit to that overspending when questioned.
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