Commentary

(d) The assessment of damages

Division BI Pay
| Commentary

(d) The assessment of damages

| Commentary

(d)     The assessment of damages

Where a court decides that there has been a breach of the implied term of trust and confidence (eg because no reasonable employer would have exercised its discretion in this way), how should damages be assessed? This question was considered by the Court of Appeal in Horkulak v Cantor Fitzgerald International [2004] EWCA Civ 1287, [2004] IRLR 942, [2005] ICR 402. The CA dismissed the argument that the court's approach should be to assess the damages on the basis of the lowest level

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