Failure to mitigate

Case 13: The facts

Clare Morris was unfairly dismissed, but the tribunal reduced her compensation on the grounds that she had not mitigated (reduced) her losses - she had applied for 16 jobs in the eight months since her dismissal. The employer did not attend the hearing, but submitted a written statement which did not refer to mitigation of loss.

The ruling

The Employment Appeal Tribunal held that, where there is an assertion that the employee has not mitigated his or her loss, it is up to the employer to prove it.

As the employer had not done so in this case, the tribunal had been wrong to reduce the compensation awarded to Morris.

Morris v Chrome Clothing UKEAT/0490/04