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Wrongful dismissal: Damages awarded without credit for earnings for new employment

This report relates to 1 case(s)

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    Gregory v Wallace and another [1998] IRLR 387 CA (0 other reports)

An employee who was dismissed without two years' notice in breach of his contract of employment was entitled to unliquidated damages for breach of contract, rather than a sum representing two years' salary as a debt under the contract, holds the Court of Appeal in Gregory v Wallace and another [1998] IRLR 387. However, in the particular circumstances of this case, in which the employee was entitled under the terms of the contract to take up new employment during the notice period, credit did not have to be given for the amount of his earnings in that new employment in assessing damages.