The summary below is that taken from the judgment

The Tribunal reconsidered the compensation judgment because the Claimant had hit the cap on Universal Benefit and the tribunal awarded further compensation. The appellant argued on appeal that if the Tribunal was going to revisit its award by taking into account further evidence of the impact on the respondent’s Universal Credit, it should also have considered evidence as to other benefits that the respondent might be able to claim. The EAT held that the tribunal should have considered whether the Respondent should, notwithstanding the £16,000 cap on benefits, have mitigated his loss by seeking either Job Seekers Allowance or Employment and Support Allowance. It thus remitted this matter of compensation to the same employment tribunal.