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Insolvency: Notice pay on insolvency reduced by mitigation

This report relates to 1 case(s)

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    Secretary of State for Employment v Thompson EAT/313/94 (0 other reports)

An employee whose employment ended without notice on his employer's insolvency was entitled to notice pay from the national insurance fund, but was under a duty to mitigate his loss. In Secretary of State for Employment v Thompson 30.1.95 EAT 313/94 and 1053/94 the EAT holds that the employee's salary from his new employment during the notice period, including a London weighting allowance element, must be set off against the notice payment to which he is entitled.