The claimant was unfairly dismissed in September 2020. Following dismissal, she obtained employment in Italy, and in August 2021 received an email from a UK employer, advertising architectural roles paying up to £39,000. She declined to pursue this opportunity, citing a promise made to her Italian employer to remain for at least one year, and the need to care for her bereaved mother. The employment judge found the claimant had failed to mitigate her losses but calculated the financial consequences only from July 2022, not August 2021. Both parties appealed.

Judge Keith dismissed both the appeal and cross-appeal. On the employer's appeal, he found the Employment Judge had not erred in calculating losses from July 2022 rather than August 2021, as the claimant's assurances to her Italian employer meant the losses for not pursuing the UK position could only realistically have crystallised after one year. On the claimant's cross-appeal, Judge Keith found the Employment Judge had properly considered the claimant's personal circumstances, but was entitled to treat these as factors not absolute bars so the decision was not perverse.