If you are pursuing a claim for Unfair Dismissal, your ex-employer will want to understand the value of your claim as early as possible. For this reason, once you have provided them with details of your losses (often in a document termed Schedule of Loss), they may ask you to provide mitigation of loss evidence. This post deals with what mitigation of loss means, and the type of evidence you can gather to support your claim and the losses you seek to recover.
What Is a Schedule of Loss?
When pursuing a claim in the Employment Tribunal, a Claimant will be ordered to prepare what is termed a Schedule of Loss. In broad terms, a Claimant’s Schedule of Loss should set out the remedy they are seeking for the claims they have pursued. For further information about this see – https://lincslaw.co.uk/blog/how-is-unfair-dismissal-compensation-calculated/
What Is Mitigation of Loss?
In simple terms, mitigating your losses means doing everything in your power to keep your losses to a minimum. The Employment Tribunals Presidential Guidance on Remedy say this about mitigation –
“All persons who have been subjected to wrongdoing are expected to do their best, within reasonable bounds, to limit the effects on them. If the Tribunal concludes that a claimant has not done so, it must reduce the compensation so that a fair sum is payable.
The Tribunal will expect evidence to be provided by claimants about their attempts to obtain suitable alternative work and about any earnings from alternative employment.
The Tribunal will expect respondents who consider that the claimant has not tried hard enough to provide evidence about other jobs which the claimant could have applied for.
As can be seen above, being able to show you did your best to keep your losses to a minimum is crucial because if you fail to do so, the Employment Tribunal “must” reduce compensation so that a fair sum is payable.
What Evidence Is Useful?
To maximise your losses, we always advise including in your evidence bundle all your attempts to find new work and this evidence will need to be shared with your ex-employer (termed Respondent in Employment Tribunal proceedings). This means that from the point of dismissal, you should keep the following evidence and be ready to share it with the Respondent and Employment Tribunal.
- Copies of job application forms you fill in, along with any responses.
- Emails, letters, and messages you send or receive to recruitment companies or prospective employers.
- Keep a diary of any visits or telephone calls you make to recruitment companies or prospective employers.
- Keep a diary of all interviews you attend and feedback you receive.
- Keep a copy of any logs you complete for Job Seekers Allowance or other benefits.
This evidence should be shared with the Respondent if they seek it. In any event, it should be included in your Employment Tribunal bundle in a separate section titled Remedy. Being prepared and gathering this type of evidence immediately after dismissal gives you a better chance of being able to refute any allegations from the Respondent that you failed to mitigate your losses. It also means the prospect of the Employment Tribunal reducing your compensation for failing to mitigate your losses can be managed and hopefully reduced.
Lincs Law Employment Solicitors Can Help You
If you are preparing for an Employment Tribunal hearing and need help assessing and maximising your losses, please contact us for a free enquiry. Simply use the contact form, engage in a webchat, email contactus@lincslaw.com or call us on 01522 440512 and we will be happy to help.
Sophie Goodwill, Director
Lincs Law Employment Solicitors
Tags: Employment Tribunal Losses Employment Tribunal Remedy How to Calculate Employment Tribunal Compensation lincs law employment solicitor Mitigation of Loss Schedule of Loss