Westwood v Secretary of State for Employment

Subject Matter

EMPLOYMENT — Employer's insolvency — Debt due to employee — Dismissal without notice or payment in lieu — Employee receiving social security benefits — Whether Secretary of State entitled to deduct benefits from notice payment — Whether employee under duty to mitigate loss — Employment Protection (Consolidation) Act 1978, ss 49(1), 50(1), 51, 122(1)(3), Sch 3, paras 2, 7(1)

[1985] AC 20; [1983] 3 WLR 730; [1984] 2 WLR 418; [1982] ICR 534; [1983] ICR 820; [1985] ICR 209

Appellate History

Westwood v Secretary of State for Employment [1982] ICR 534, EAT

Decision of the Employment Appeal Tribunal affirmed on different grounds

Westwood v Secretary of State for Employment [1985] AC 20; [1983] 3 WLR 730; [1983] ICR 820, CA

Westwood v Secretary of State for Employment [1985] AC 20; [1983] 3 WLR 730; [1983] ICR 820, CA

Decision of the Court of Appeal reversed

Westwood v Secretary of State for Employment [1985] AC 20; [1984] 2 WLR 418; [1985] ICR 209; [1984] 1 All ER 874, HL(E)

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