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Compensation may, if the employee dies shortly after dismissal,
include death in service benefits which would have been payable had the
employee not been dismissed.
Mr Fox was dismissed because of his lengthy sickness absence.
He died a week after his dismissal. Had he still been employed his family would
have received £85,000 in death in service benefits. His father commenced
tribunal proceedings against Mr Fox’s employers. The main purpose of the
proceedings was to recover the £85,000. The question was whether, if Mr Fox’s
dismissal was unfair or discriminatory (still to be decided), the compensation
would include the death in service benefits his family would have received.
British Airways argued it could not be part of the
compensation because Mr Fox would never have received it. The Court of Appeal
held that compensation would include the loss of the £85,000, basing its decision
on the principle that compensation is intended to put the victim (in this case,
Mr Fox’s estate) in the position it would have been had the wrong not been