Mr Fox worked for British Airways for over 20 years. Following a six-month period of sickness leave and having exhausted his sick pay entitlement, he was given notice of dismissal for medical incapacity. Mr Fox died one month after his employment terminated. Prior to his dismissal, he had been contractually entitled to a death-in-service benefit. Had Mr Fox been employed when he died, the benefit payable would have been £85,000. Mr Fox’s father brought proceedings claiming that his son was liable for Unfair Dismissal and/or disability discrimination and seeking £85,000 in compensation.

The Court of Appeal has found in favour of Mr Fox senior and has rejected the appeal by British Airways. The circumstances of this case are unusual because the individual employee died so soon after the date of dismissal. Mr Fox's father must still show that his son was unfairly dismissed before compensation is payable. And the Court pointed out that the 'usual' amount of compensation would not normally be the full amount of death in service benefit: "... this outcome depends on the particular, and very unusual, facts of the present case. In all ordinary cases the cost of obtaining insurance which will provide equivalent benefits will be the appropriate measure; and even if for some reason that route is not available, so that the tribunal has... to value the loss for itself, normally the loss will be less than a certainty and the exercise will be one of the valuation of a lost chance." http://bit.ly/13CnHww