Tribunal finding: Mitigation of Losses
Posted on 24th November 2023 at 14:39
Ian featured in People Management Magazine discussing a recent remedy hearing.
The tribunal found that Jaguar Land Rover had discriminated against the employee when dismissing him unfairly. Jaguar Land Rover disputed the losses claimed by the claimant, arguing that he had not done enough to find employment and so limit his losses.
The tribunal disagreed, saying Jaguar Land Rover had not presented strong evidence of evidence of suitable vacancies. The tribunal felt it was reasonable for the claimant to retrain after struggling to find a job in his previous area of work.
Claimants have an obligation to take all reasonable steps to minimise their loss. If the employer does not believe they have done this they can object to the losses claimed. However, the burden is on them to show where the employee has failed, not on the employee to show they have taken all reasonable steps. This burden is often misunderstood. Employers will need compelling evidence that the employee hasn’t done enough in order to challenge the losses claimed.
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