Mitigation of loss, what's considered reasonable?

[GrumpyMonkey]

Hello,

I was made redundant in February. We (6 people) were told our job function was redundant and a Monday. On Friday of the same week, I was made redundant, but no one else. No actual reason was given, just you are it.

I am now going through the tribunal process with a hearing set for next year. I worked 4 days a week as a software engineer and am in my mid 60's.

Would it be considered unreasonable if I didn't take any job I could get? e.g. bar work or shelf filling? I am unlikely to get another similar job to the one I had being a few years of retirement and also as I only want part time and my software skills are somewhat niche. The few jobs I have applied for have been short term contracts. Most suitable I have seen jobs are too far away for commuting and few offer remote working.

Any comments would be appreciated.

Thanks

[ULA]

The tribunal will want to see proof that you have been doing everything possible to mitigate your losses, rather than just letting them grow and therefore increasing the size of your claim. This would be by way of alternative employment, full or part-time or contract work or possibly self-employment if appropriate.

Make sure you keep evidence of mitigation of loss which includes keeping a diary of jobs applied for, with copies of adverts and details of any responses or interviews you have gone to. If you are offered a job and have decided not to accept it then again you would need to explain your reasons for this. If you have been unable to work for whatever reason evidence will also be required to prove this.

[GrumpyMonkey]

Thanks for your answer, but it didn't real answer my question. My question was in essence are you expected to take anything you can get?

[des8]

There is a good article here (https://www.employeerescue.co.uk/adv...ts/mitigate-yo) discussing the duty of mitigation of loss.

[GrumpyMonkey]

Hello,

Can somebody clarify something for me please. According to the Employment Tribunal website, the one year salary cap applies from 6th April 2021. I was made redundant in February 2021. The solicitor I have been speaking to insists that the one year salary cap applies to my claim, i.e. much less than the £88519 limit the website says applies. I am I missing something, or is the solicitor wrong.

[ULA]

Your solicitor is correct.

Each 6th April the compensation award limits for unfair dismissal are increased in line with inflation (the relevant date for determining the applicable limit would be your termination date in February 2021 not the date the tribunal makes its award) or 1 year gross salary, whichever is lowest.

[GrumpyMonkey]

Thanks. Perhaps the tribunal should update the website, it implies the 12 month limit only applies from 6th April 2021.