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.
XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.
Copyright © 2021 LexisNexis Risk Solutions Group
© 2021 LexisNexis Risk Solutions Group.