Secretary of State for Employment v Wilson
| Jurisdiction | UK Non-devolved |
| Date | 1977 |
| Year | 1977 |
| Court | Employment Appeal Tribunal |
Employment - Employer's insolvency - Debt due to employee - Dismissal without notice - Application to Secretary of State for four weeks' pay in lieu of notice - Whether credit to be given for moneys earned by employee during notice period -
The employee was dismissed without notice by his employers, but started new employment almost immediately. The original employers went into liquidation and the employee claimed, pursuant to section 64 of the Employment Protection Act 1975, F1 payment for the four weeks' notice to which he was entitled under the
On appeal by the Secretary of State: —
Held, allowing the appeal, that the general intention shown by the
The following case is referred to in the judgment:
Norton Tool Co. Ltd. v. Tewson [
The following additional case was cited in argument:
Treganowan v. Robert Knee & Co. Ltd. [
Appeal from a decision of an industrial tribunal sitting at Manchester.
The Secretary of State for Employment appealed from a decision of the industrial tribunal on February 16, 1977, ordering him to pay Alfred Wilson, the employee, £240, the debt owed to him by his previous employers, Evans Chimneys Ltd., who had dismissed him without the notice to which he was entitled under the
The facts are stated in the judgment.
Peter Scott for the Secretary of State.
The employee did not appear and was not represented.
November 10. Phillips J. read the following judgment of the appeal tribunal. Mr. Wilson, the employee, was dismissed by his employers, Evans Chimneys Ltd. on March 19, 1976, without notice. On March 22, 1976, a Monday, he entered the employment of Fleetwood Steel Fabrications Ltd. on exactly the same terms, except that for the purpose of the
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Westwood v Secretary of State for Employment
...mitigating the damages recoverable by the employee for loss of earnings in that part of the period of notice." 27 In The Secretary of State for Employment v. Wilson, 1973 I.C.R. 200, it was held that the liability of the employer for failure to give notice was a contractual one and subject ......
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Westwood v Secretary of State for Employment
...were, in principle, deductible in mitigation of damages for loss of earnings flowing from a wrongful dismissal, following Secretary of State for Employment v. Wilson [1978] 1 W.L.R. 568 and Parsons v. B.N.M. Laboratories Ltd. [1964] 1 Q.B. 95. However, in consequence of the premature term......
- Westwood v Secretary of State for Employment
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