mitigation of loss
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Bloxwich Fencing Ltd v Banks UKEAT/0469/09/DM
Appeal against a judgment of the ET that the claimant had been unfairly constructively dismissed and had not failed to mitigate his losses. The respondent claimed that the grievance was raised in without prejudice discussions and thus did not comply with the now repealed Section 32 of the Employment Act 2002. However, this point had been conceded in the ET when the case of Arnold Clark Automobiles v Stewart had been brought to the attention of the respondent. The EAT ruled that the ET therefore had not erred in deciding that the grievance satisfied the statutory grievance procedures. Alleged failure by the claimant to mitigate his losses was also rejected by the EAT. Appeal dismissed.
- cases
30/09/2010 15:04
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Kelly v University of Southampton UKEAT/0139/10/LA
Appeal by claimant against a ruling by the ET that her compensation for unfair and wrongful dismissal should be limited because she failed to mitigate her loss. The claimant was dismissed following the expiration of her work visa, and once this was sorted out, she failed to re-apply for her old job or other jobs at the University for which she was suitable and which the ET found she would probably have been offered. Appeal dismissed.
- cases
14/09/2010 15:24
