We have a former employee who has claimed unfair dismissal. Our solicitor is arguing that they have failed to mitigate their loss – what does this mean?
Posted in : First Tuesday Q&A NI on 4 November 2019 Issues covered:Article 76(4) of the Employment Rights (Northern Ireland) Order 1996 places a duty upon a claimant to mitigate their losses following dismissal, for example, by making effort to obtain new employment or by claiming state benefits. An employee cannot recover compensation for any part of their loss(es) which could have been avoided by taking reasonable steps. If a claimant has mitigated their loss, the tribunal is entitled to make appropriate deductions from any compensation awarded.
Cooper Contracting Ltd v Lindsey UKEAT/0184/15 set out the following key principles that a tribunal should consider in relation to mitigation of losses:
- The employer bears the burden of demonstrating that the
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