||All England Reporter
|| All ER (D) 357 (Jul)
||Employment Appeal Tribunal
||The employee did not appear and was not represented.
||The employer appeared by its representative.
||13 May 2008
Employment - Contract of service - Breach of contract - Damages - Employee's contract terminated before beginning work for employer - Employer paying employee one weeks salary in lieu of notice - Employment tribunal awarding employee one months' salary in lieu of notice - Whether tribunal erring.
Employment Contract of service. In awarding the employee one months' salary instead of one weeks' salary in respect of an anticipatory breach of an employment contract, the employment tribunal had fundamentally erred in law. The employer had been entitled to limit its damages for breach to one weeks' pay and a reasonable tribunal had to assume that the employer would have performed its contractual obligation in that way.
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