EAT Claimant had been dismissed by the respondents, a milk and farm produce retailing business. The tribunal found that his dismissal was unfair and awarded compensation. It was accepted that the claimant had been unfairly dismissed but it had been open to the claimant to return to his old job and the respondents submitted that the tribunal should, in those circumstances, have considered whether he had failed to mitigate his loss by not doing so. It was submitted on behalf of the claimant that the tribunal were bound but had failed to do so and that the Employment Appeal Tribunal should determine the issue. The Employment Appeal Tribunal were satisfied that the tribunal had failed to consider the question of mitigation of loss but did not consider that it was open to them to make the relevant findings.
Judges:
Lady Smith
Citations:
[2006] UKEAT 0083 – 05 – 0404, UKEATS/0083/05
Links:
Jurisdiction:
Scotland
Employment
Updated: 15 July 2022; Ref: scu.241485