Mitigation of Loss - Employment Appeal Tribunal Rules
The recent Employment Appeal Tribunal ("EAT") decision in the case of Kelly v University of Southampton, upheld the Tribunal’s finding
The recent Employment Appeal Tribunal ("EAT") decision in the case of Kelly v University of Southampton, upheld the Tribunal’s finding that an employee had failed to mitigate her loss by not applying for either of two vacant posts for which she was qualified in the University’s relevant academic school.
As a result of her failure to mitigate, the employee’s loss of earnings were limited to the date on which she would have been appointed to one of the posts. The EAT decided that the Tribunal was entitled to rely on facts they had heard covering the length of time she had worked at the University, the circumstances of her previous dismissal and her qualifications in order to come to the conclusion that the Claimant would or would have been extremely likely to have been appointed to one of the posts.
This case shows the importance of keeping records of alternative posts which become available and noting what they are and their suitability.
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Page Updated Last on: Mar 22, 2011