Mitigation

In most types of legal proceedings, Claimants have a legal duty to mitigate their loss. This means they must take reasonable steps to make their loss as small as possible - as they would if there was no prospect of recovering money from their employer or anyone else.

For example, an employee who is Unfairly Dismissed can mitigate their loss by seeking to obtain another job. Alternatively, they may be able to mitigate their loss by setting up their own business.

An Employment Tribunal can reduce any award it may otherwise have made if it considers an employee has failed to mitigate his or her loss.