The Employment Tribunal (ET) can in some circumstances reduce the compensation they award to a successful Claimant. For example, this can occur where an employer is able to show that the claimant would have been fairly dismissed in any event. If an employer can show that the ex-employee failed to take reasonable steps to mitigate their losses, compensation can also be reduced.
These concepts have been considered in two recent cases. The cases highlight how any reduction of compensation should be assessed by an ET, and therefore what employers must keep in mind if they plan to argue that an employee’s compensation should be reduced. For more information go to our website.