Yvonne Gallagher, head of employment and pensions, LG

Shoesmith won’t stop companies taking quick action

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  • And so Ms Gallagher - what about a subsequent claim for breach of contract in the High Court? Are you saying that no claimant would achieve a payment beyond £68,400? Really?

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  • Guy - The £68,400 is a statutory limit for UD claims so it wouldn't restrict a breach of contract claim. Yvonne's article is only about UD (as this is the outstanding claim in the ET in the current case). Of course if you wished to claim breach of contract to the HC then you would not be capped by statute - but you would be restricted in ensuring damages claimed are mitigated, quantifiable and not arbitrary.

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