Duty to mitigate
Plain-English definitions for England and Wales. General information, not legal advice. Laws and figures change - always check the current position on GOV.UK.
Duty to mitigate The expectation that someone claiming compensation for lost earnings takes reasonable steps to reduce that loss, mainly by looking for comparable new work. If a tribunal finds you did not make reasonable efforts, it can reduce the compensatory award to reflect what you could have earned. It does not require you to take any job at any pay - only to act reasonably.
Also known as: mitigation, mitigation of loss
Related terms
- Compensatory award
- The part of unfair dismissal compensation that reflects your actual financial loss from the dismissal - mainly lost earnings and benefits, and subject to your duty to mitigate. It is normally capped (see statutory cap), though discrimination and whistleblowing awards are not.
- Schedule of loss
- A document setting out the compensation you are claiming and how it is calculated - for example lost earnings, loss of statutory rights, and any injury to feelings. It helps the tribunal and the other side understand the value of the claim.
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