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Damages

The employee suffering breach of contract by way of a wrongful dismissal is to be put into the position that they would have been in had the contract been properly performed. Damages are assessed on the assumption that the employee would have performed the contract in the way least burdensome to themselves and that the employer would have given notice at the earliest opportunity.

If an employee is deemed to be wrongfully dismissed, they will be entitled to compensation for all the benefits to which they would have been contractually entitled had they remained employed until:

1. •

   the end of their notice period

2. •

   in the case of a fixed or limited-term contract that cannot be terminated on notice, the expiration of that contract

The benefits that will be considered in assessing damages include:

1. •

   salary

2. •

   pension contributions

3. •

   any other financial benefits the employee is contractually entitled to

4. •

   health and life insurance

5. •

   company car

6. •

   any other fringe benefits the employee is contractually entitled to

Silvey