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Unfair dismissal remedies: Effect of getting another job on the assessment of future loss

This report relates to 1 case(s)

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    Dench v Flynn & Partners [1998] IRLR 653 CA (0 other reports)

A loss consequent on unfair dismissal does not necessarily cease when an unfairly dismissed employee gets employment of a permanent nature at an equivalent or higher salary or wage than he or she enjoyed when dismissed, holds the Court of Appeal in Dench v Flynn & Partners [1998] IRLR 653. In Dawes Cycles Ltd v Sedgley 2.4.98 EAT 849/97, the EAT gives guidance to employment tribunals assessing whether a new job has broken the chain of causation between the employee's unfair dismissal and his or her loss of earnings at the time of the tribunal hearing.