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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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If you win at court, can a judge award, your lost redundancy

Resolved Question:

If you win at court, can a judge award, your lost redundancy be paid by your own damages. When you have 100% won the case
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello can you please explain what happened in some more detail?
Customer: replied 1 year ago.
4 hours before being made redundant, I was sacked by the N.H.S. went to court and won on the grounds of breech of contract. The judge used my damages of £57,000 to make up what I lost in my redundancy.
Expert:  Ben Jones replied 1 year ago.
Did you go to tribunal or county court? Also what were the damages for exactly what did they intend to cover?
Customer: replied 1 year ago.
Do you have an answer to this ?
Customer: replied 1 year ago.
County court, the damages were for breach of contract.
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. The court is correct in what they have done. You cannot double recovery. In effect an award for damages for breach of contract is there to put you in the position you would have been had the breach not occurred. It is not there to penalise the other party any further. So if you thin k about it had the breach of contract not occurred you would have been made redundant and received your redundancy pay, you would not have been due any damages for breach of contract. On the other hand if you had not been made redundant but been dismissed for breach of contract, you would only be entitled to breach of contract damages but you would not have been made redundant and be entitled to redundancy. So that is why you cannot expect both – you either get breach of contract damages as you would not have been made redundant, or if the breach of contract is to compensate you for the fact that you would have been made redundant, then any redundancy would be offset from the breach of contract damages. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
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