Optimum Group Services Plc v Muir - Compensation should have taken account of money already received [2012] EAT

When calculating a compensatory award a tribunal should take account of money already received (such as a settlement figure) by the claimant in connection with the dismissal (save for notice pay); to fail to do so allows for an unjust windfall.

Technical manager Mr Muir claimed unfair dismissal on the basis that his employment must have transferred, under TUPE 2006, to one of 9 companies when Optimum Group Services (OGS) terminated his employment following the loss of a major client.

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