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11 May 2011
Court of Appeal
Lord Neuberger MR, Smith, Elias LLJ
If a tribunal concludes that there is a 50% chance that a dismissed employee would find other employment at the same or higher salary after a particular time, then compensation should be limited to the period between dismissal and that particular time. Tribunals should not award lifetime earnings and then reduce by a percentage chance of finding other employment.
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The status of employment rights on the transfer of an undertaking is an extremely complex area of...