Unfair Dismissal – The claimant succeeded in a complaint of unfair dismissal for whistleblowing. At the subsequent remedy hearing, it was averred and accepted by the claimant that, although there were jobs that she could have applied for, she had not looked, or applied, for any jobs at all since being dismissed. As to why not, her case was, in part, that any such application would have been pointless, because any prospective employer would have stigmatised her as a whistle-blower, and not given her a job.
The tribunal found that on that basis her failure to apply for any jobs did not amount to an unreasonable failure to mitigate her loss of remuneration, up to the date when the liability decision was promulgated. The tribunal erred in so deciding, in the absence of any evidence of any experience arising from any actual job application, or any other matter being found as a fact by the tribunal to have factually supported the claimant’s assertion as to what would have happened in respect of any job application she might have made.
Citations:
[2022] EAT 156
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 November 2022; Ref: scu.682478