In Cox v London Borough of Camden, the EAT holds that, in calculating an unfair dismissal compensatory award, an industrial tribunal should deduct any payment made by the employer to the employee on dismissal - such as pay in lieu of notice or an ex gratia payment - before making any deduction which takes account of a finding by the tribunal that, even if the employer had taken the appropriate procedural steps, there was still a measurable risk that the employee would have lost his or her job.
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