In both civil and employment claims a Claimant is expected to take all reasonable steps to mitigate their loss. Mitigation essentially means trying to avoid or minimise your losses. In employment claims it would be up to the Tribunal to decide on the facts before it, as to whether the Claimant had done this.
It is up to the Respondent to prove to the Tribunal by providing evidence that the Claimant had unreasonably failed to do so. It would not be sufficient for the Respondent to prove that there were reasonable steps that the Claimant could have taken to mitigate his/her losses, but that the Claimant did not do so. The Respondent would have to prove that the Claimant was acting unreasonable by not taking those steps. Read the rest of this entry »