Fox v British Airways Plc UKEAT/0033/12/RN

The employee had died 20 days after having surgery, having been dismissed five days before the surgery on the basis that he was not physically capable of work. Under his contract, he would have been entitled to £85,000 in death-in-service benefits if still employed.

However, the judge found that approximately £350 was payable to his dependants for the loss of his statutory rights following dismissal. The deceased's father appealed against the manner in which this value was assessed. When bringing proceedings an applicant should obtain authorisation under the Employment Rights Act 1996 s.206(4). the former employee's father failed to follow this process and instead he included an application