Cerberus Software Ltd v Rowley [2001] IRLR 160 CA

Reports relating to this case:

  • Pay in lieu of notice: Unpaid pay in lieu of notice was not recoverable as a debt

    Date:
    1 March 2001

    Where a contract of employment provided that "the employer may make a payment in lieu of notice to the employee" and the employer chose to summarily dismiss the employee without cause or pay in lieu of notice, the employee's claim was for damages for wrongful dismissal, subject to his duty to mitigate his loss, and not for a sum due under the contract, holds the Court of Appeal, by a majority, in Cerberus Software Ltd v Rowley.