|
Damages are designed to compensate a
party (employee or employer). To put the
party in the same position they would be in
if the contract had been properly carried
out. This normally includes the correct
amount of money for the correct notice
period. It can also include any wages /
salary that have not been paid. Employers.
An employer can seek damages where an
employee has not given the proper amount of
notice. Under the law they will only receive
damages for 1 weeks’ notice. However, if the
employee’s contract allows for a longer
notice period the employer can claim this.
Employees. On top of the amount for the
correct notice and any unpaid wages. An
employee can also receive damages for the
loss of the following:
- Perks - for example company car and
private healthcare.
- Holiday pay.
- Commission, bonus payments and
shares under their contract.
- Loss to pension.
The court will assess the money value
on these losses for the correct notice
period. The employee can also claim
interest on the whole amount from when
they were dismissed until the actual
court or tribunal hearing.
|
The Interactive
Law Group