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Unfair dismissal remedies: Correct cut-off point in assessing loss of earnings

This report relates to 1 case(s)

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    Whelan and another t/a Cheers Off Licence v Richardson [1998] IRLR 114 EAT (0 other reports)

For the purposes of assessing an unfairly dismissed employee's compensation for loss of earnings, the cut-off point for loss is the date when the employee obtained alternative permanent employment paying the same or more than her pre-dismissal earnings, holds the EAT in Whelan and another t/a Cheers Off Licence v Richardson [1998] IRLR 114. At that point, the loss attributable to the action taken by the employer who unfairly dismissed her ceases. The EAT affirms that there is no rule that in all cases the end-date of the loss period must be the date when the assessment of loss is made and compensation calculated by the industrial tribunal.