In determining compensation an Employment Tribunal asesses whether an employee has taken reasonable steps to mitigate their loss.  The EAT case of Dr Kelly v University of Southampton looked at whether the Tribunal’s finding that an employee had failed to mitigate was perverse. In dismissing the appeal the EAT reminded us of the legal principles relating to mitigation of loss:-

An employee must take all reasonable steps to mitigate the loss sustained as a result of being dismissed.  An employee cannot recover compensation for earnings lost as a result of the dismissal if that loss was avoidable.  However, the standard of reasonableness is not high because it was the employer who was the wrongdoer.  The burden of proof is also on the employer to establish that the efforts were not reasonable. (Fyfe v Scientific Furnishings Ltd [1989].)