Williams v North Tyneside Council: EAT 31 Jan 2006

EAT Unfair Dismissal: Mitigation of Loss and Public Interest Disclosure
The Tribunal found that, after dismissal, the employee had unreasonably ‘taken herself out of the world of work’ by enrolling on a 4 year university course and calculated her compensation for loss of earnings and loss of pension for unfair dismissal only to the start of that course without considering when, if she had acted reasonably, she would have obtained employment and at what rate etc. The Tribunal also considered only one of four aspects of the employee’s aggravated damages claim arising from the employer’s admitted subjecting her to detriment for making a protected disclosure.
Remission on both points to same Tribunal, which had heard the evidence or much of it. Remission to a new Tribunal disproportionate and unnecessary.


Burke QC J


[2006] UKEAT 0415 – 05 – 3101


Bailii, EAT


Updated: 05 July 2022; Ref: scu.240222