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
Johanna Cunningham
Arthur Cox
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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Back to Q&A's This article is correct at 04/11/2019
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Johanna Cunningham
Arthur Cox

The main content of this article was provided by Johanna Cunningham. Contact telephone number is Johanna Cunningham or email belfast@arthurcox.com

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