In Fox v British Airways PLC the Court of Appeal has held that the estate of an employee who died shortly after being dismissed could include in its claim for unfair dismissal or discrimination the loss of the death in service benefit which would have been provided had he still been employed when he died.

Normally the loss recoverable in such instances would be the amount of securing replacement insurance. However, since the employee in this case had died just less than a month after dismissal, he was unable to obtain alternative life insurance cover and his estate was entitled to the equivalent to the full sum payable on death.