In the Employment Tribunal, you have a duty to reduce the financial losses you have experienced. For example if you have lost your job, you should conduct a search for a new job or get medical evidence to show why you have not done so. Otherwise, the Tribunal may reduce the amount of compensation it awards.
If you’re claiming compensation for financial losses, you’ll need to show mitigation of losses in your Employment Tribunal case. Here are a couple of examples of this happening:
Reuben is making a claim for unfair dismissal.
Since his dismissal 10 months ago, he’s been unable to find another full-time job, although he’s recently started working as a delivery driver which is bringing in a small amount of income. He’s applied for 9 jobs since he was dismissed, but has been unsuccessful.
Reuben keeps note of his efforts to find new work and the earnings he’s had, using our mitigation of losses template.
Ximena is making a claim for disability discrimination and constructive dismissal.
She is claiming that she’s lost 12 months’ worth of wages as a result of being constructively dismissed. She applied for a few jobs shortly after resigning but was unsuccessful. She then fell ill which meant she was unable to continue looking for roles.
Ximena keeps note of her job applications and responses, and the evidence around her sickness, using our mitigation of losses template.
As soon as possible when you make an Employment Tribunal claim, start thinking about how you can mitigate your losses and demonstrate to the Tribunal that you’ve tried to do this. You should:
A law firm can cost anywhere from an initial consultation fee of £200 to £35,000+ plus VAT for Tribunal representation.
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