Breach of contract: Employer was liable to make payment in lieu of notice without deduction for mitigation

A provision of a contract of employment, which entitled the employer to terminate the contract either by giving the employee notice or summarily on paying him in lieu of notice, did not give the employer a third option of giving no notice and making no, or less than full, payment, holds the EAT in Cerberus Software Ltd v Rowley 14.7.99 EAT 1023/98. If the employer chose to give no notice, then the employee was entitled to be paid in lieu without deduction for mitigation.