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? …
Click on the link below to read the rest of the Addleshaw Goddard briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
Addleshaw Goddard has released the 25 November 2014 edition of its InCredit publication.
Addleshaw Goddard has published this month’s round-up of developments affecting banks, wealth managers, brokers and funds.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?