Addleshaw Goddard

What is your quest? Mitigation and the search for new employment

When defending any claim, the key question that you will be asked from the business line is what is the financial exposure? Receipt of the claimant’s schedule of loss is therefore a moment for reflection. How does the claimant’s assessment of compensation compare with your own? Has the claimant obtained new employment? Is there any realistic prospect of settlement in this case? How will the business react when they hear the claimant’s number?

The schedule of loss will usually run to several pages and paint a sombre picture; an indeterminable quest for new employment with sums that bear no relation to the comparatively modest tribunal awards that are reported annually. There may also be a narrative to accompany the figures that refers to the claimant’s heroic but ultimately fruitless attempts to mitigate their losses.

This bleak portrayal is usually in stark contrast to the position adopted in the ET1. The claimant in the schedule of loss is a helpless figure but for liability purposes the claimant will be: the employee who should have been retained in a redundancy exercise; the candidate who should have secured the promotion; the person who was unjustly disciplined or performance-managed. Surely this long-serving, experienced, high-flier cannot really be encountering this level of difficulty in finding a new role? …

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