Death of Employee

Key Points

  • Apart from rules of Employment Tribunal procedure and special rules protecting the position of the estate of an employee who dies while under notice of dismissal or after being adjudged unfairly dismissed but before a reinstatement or re-engagement order has been complied with, employment law has had little need for special provisions governing death of an employee.
  • The general law provides for common law and contractual rights to survive death of a claimant and this applies to employees as much as to others - see Law Reform (Miscellaneous Provisions) Act 1934, s. 1(1) which ensures that "Subject to the provisions of this section, on the death of any person . . . all causes of action subsisting against or vested in him shall survive against, or, as the case may be, for the benefit of, his estate . . ." .
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