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Damages: Loss of chance to claim unfair dismissal not recoverable at common law

This report relates to 1 case(s)

In Virgin Net Ltd v Harper EAT/0111/02 RN, the EAT holds that under s.97(2) of the Employment Rights Act 1996, where a contract of employment is terminated without notice, the effective date of termination ("EDT") can be extended only to the end of the statutory notice period to which the employee is entitled, and not the contractual notice period. Consequently, an employee whose EDT (even after taking into account the statutory extension) does not give him or her one year's continuous employment, cannot claim unfair dismissal, and does not lose the chance to make that claim by virtue of being summarily dismissed. Thus, damages for the loss of that chance cannot be recovered.