Westwood v Secretary of State for Employment [1984] IRLR 209 HL

Reports relating to this case:

  • Insolvency: State benefits deductible in insolvency claims

    Date:
    17 April 1984

    In Westwood v Secretary of State for Employment the House of Lords holds that the statutory right to minimum periods of notice amends the contract of employment. So an employee who is dismissed without statutory notice may sue for breach of contract but is under a duty to mitigate the loss. The Lords also hold that unemployment benefit received In the notice period is deductible in mitigation.