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Stewart v Drumbow Homes Ltd - Compensation was correctly assessed at lower salary [2009] EAT

Mr Stewart was made redundant from his £63,000 (plus car and pension) job. Ten weeks later he secured a new job on £50,000 plus pension.

Before an employment tribunal Drumbrow admitted that his dismissal was unfair for failure to follow procedures, but argued that the outcome would have been the same in any event. Mr Stewart, however, contended that he would have persuaded Drumbrow to keep him in employment on a salary of £52,000 - without car and pension.

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