Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland
Home / Articles First Tuesday Q&A NI

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
Arthur Cox
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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, start your free trial today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Start my free trial today

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.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email belfast@arthurcox.com

View all articles by Arthur Cox