||All England Reporter
|| All ER (D) 21 (Sep)
||Employment Appeal Tribunal
||Tom Coghlin (instructed by Darbys Solicitors LLP, Oxford) for the claimant.
||Akash Nawbatt (instructed by Baker & McKenzie LLP) for the employer.
||31 August 2012
Employment - Wrongful dismissal - Measure of damages - Employee contractually entitled to death in service benefit - Employee being dismissed during period of sickness - Employee dying shortly after dismissal - Claimant being father of employee issuing proceedings seeking to recover death in service benefit - Employment tribunal finding claimant not entitled to recover death in service benefit - Claimant appealing - Whether tribunal erring.
Employment Wrongful dismissal. The Employment Appeal Tribunal held that the claimant father of a deceased employee had been entitled to recover death in service benefits that the employee had held during his employment that had been terminated shortly before his death, on the assumption that he had been unfairly dismissed. Further, the claim had not been out of time because it was reasonably practicable for the claimant to have waited for his application to be an appointed person to bring the proceedings to have been dealt with before issuing the proceedings.
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