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Case round up: unfair dismissal compensation

This report relates to 1 case(s)

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    Hardy v Polk (Leeds) Ltd [2004] IRLR 420 EAT (2 other reports)

    • Case round up

      1 July 2004

      Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

    • Hardy v Polk (Leeds) Ltd

      1 June 2004

      In Hardy v Polk (Leeds) Ltd [2004] IRLR 420 EAT, the Employment Appeal Tribunal held that an employee who is dismissed without notice or pay in lieu of notice is under a duty to mitigate his or her loss in respect of the notice period, and that earnings received from another employer during the (nominal) notice period must be offset against the compensatory award.

This week's case round-up from Eversheds, covering unfair dismissal compensation.

Mitigation during notice period

Hardy v Polk (Leeds) Ltd, EAT, 2 February 2004

Hardy was employed by Polk for seven years. Then she resigned, giving eight weeks' notice. Polk was concerned that she was going to work for a competitor, so it asked her to sign a confidentiality agreement. Hardy refused, and was dismissed without notice the following week.