Earnings with a new Employer During Notional Notice Period
by Philip
The EAT have confirmed that employees claiming Wrongful Dismissal (breach of contract) because they were not given notice or pay in lieu of notice, must give their employer credit for any money they earn during their notional notice period. For example, if an employee has a three month notice period, but finds a job after two months, he can only claim two months’ net pay and not his full contractual entitlement because he has earned the third month’s money from the new employer and therefore only actually lost out on two months’ pay (assuming the remuneration level in the new job is the same as the old one). The full case can be found here.
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