Loss Mitigation - Employment Tribunal

[VivienneB]

I am preparing my mitigation of loss for a tribunal hearing for unfair dismissal. I applied for dozens of roles before securing a full time permanent role that is around 50% of my previous salary. During Covid times I feel lucky to have the income as roles in my sector are scarce, but how should this be presented to the tribunal, do I have to keep looking for a job that will match my previous salary and show the evidence of this, or is it seen as reasonable that I have at least mitigated my loss by 50%? My other question is, the Tribunal office has provided me with a schedule of loss template which instructs that I deduct redundancy pay + pay in lieu of notice from the final calculation of the compensatory award, in other templates I've seen online this is not the case, so does this vary then between tribunal offices? Thank you, your help is much appreciated.

[ULA]

It will be taken as mitigation that you have at least gained employment even if not in role you were previously employed in although you should explain that this is at a salary level much lower that the role you were in. If you are continuing to look for work of an equivalent role then yes it would be good to continue to evidence this.

No this does not vary between Tribunal. You need to detail your redundancy payments since any statutory redundancy payment received will be offset against the amount of basic award that would otherwise be due. You also do need to detail that you received pay in lieu of notice.

[VivienneB]

Thanks very much for your advice, it's really appreciated, an invaluable resource!

[VivienneB]

Hello, I am taking my previous employer to an ET on the grounds of unfair dismissal. I have received their ET3 and can I now go ahead and request disclosure of documents that will help me compile evidence, or do I need to wait for further instructions from the judge? The SAR that I made was missing a lot of documents so am I allowed to bring this up in my witness statement even though my ET1 didn't mention the SAR (as the request was still in process at the time), I am representing myself. Many thanks.

[ULA]

Does this relate to your other thread about an ET - Loss Mitigation - Employment Tribunal - LegalBeagles Forum .

If so it is more helpful to have one thread running for the complete process, it just means that those of us providing support do not have to jump between threads to ensure consistent advice based on all the informaton.

I can merge these two threads if that is the case.

[ULA]

In response to your question now that the Tribunal has the ET1 and ET3 both documents will be considered by an employment judge who makes a decision based from the paperwork as to whether your claim or the response, should be struck out, either in full or in part, because it has no reasonable prospects of success.

The judge will also consider whether your claim can be dealt with within the Employment Tribunal's jurisdiction. If not the claim, or parts of it will be struck out.

If the judge decides the case should proceed they will either issue a case management order, setting out a timetable for preparation for the final hearing including the process for disclosure and/or order that a preliminary hearing take place.

[VivienneB]

Thank you so much for your advice, and yes it does relate to my original thread so please do go ahead and merge the two. And did you have any suggestions about the SAR (Subject Access Request) that I made at all? Your guidance is much appreciated.

[ULA]

If documents are missing from your SAR that would be relevant to the case and if they are not provided by the other side as part of the exchange of document, then you would need to make a request for their disclosure. If the respondent does not then disclose then you could make an application to the Tribunal if they are not forthcoming and so long as you can justify why they should be disclosed.

[VivienneB]

That makes perfect sense, thanks for explaining that, your time is really appreciated.