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Damages: Damages were payable for accrued pension rights lost as a result of unlawful termination

This report relates to 1 case(s)

An employee who was summarily and wrongfully dismissed 12 days before his 55th birthday, albeit with 12 weeks' pay in lieu of notice, was in principle entitled to claim damages made up of the amount that he would have been paid but for the employer's repudiatory breach of his contract of employment, holds the Court of Appeal in Silvey v Pendragon plc 9.5.01 Court of Appeal. Those amounts included wages or salary, including holiday pay, bonuses and the like, and the value of any pension rights that accrued or would have accrued during the notice period. Further, the loss of enhanced pension rights that would otherwise have accrued when the employee reached the age of 55 were not too remote, and were within the reasonable contemplation of the parties when the contract was made.