Tag Archives: Mitigation

Employee sent packing after empty bag theft — mitigation in dishonesty dismissals (UK)

Last month the BBC reported the Employment Tribunal’s decision that it was fair to dismiss a Mr Doffou for gross misconduct because he had not paid for a handful of bags he packed his shopping in after his shift. Mr Doffou had been happily employed at Sainsbury’s in Romford for nearly 20 years when given … Continue Reading

No going back – rejection of promotion offer not a failure to mitigate

Gibbs -v- Leeds United Football Club concerned the former Assistant Manager of the Club who took his £330,000 constructive dismissal claim to the High Court so as to sidestep the compensation ceiling in the Employment Tribunal. Having fairly easily established the fundamental breach of contract necessary to win his claim against Leeds, Mr Gibbs then … Continue Reading

Mitigation of loss in Employment Tribunals- not a happy new year for UK employers

So you’ve lost the unfair dismissal or discrimination claim against you and are now staring down the barrel of the Employment Tribunal’s jurisdiction to award compensation for the employee’s losses. Never mind, you think – he could easily and immediately have got another job at a pay rate sufficient to extinguish his losses, so the … Continue Reading

Sense and insensibility in French Court Employment decisions

Two recent cases from the French Courts are reviewed in this post, one a sensible relief and the other just frankly terrifying.     First, an employee with more courage than realism claimed that the obligation of confidentiality in his employment contract restricted his freedom to practise his profession, and was therefore void.  He was prepared nonetheless … Continue Reading

Caught with your trousers down? Dismissal may still be below the belt

Recently my eye was drawn to the headline: “PC caught having sex on duty reinstated because his firearm was within reach”.  For purely professional reasons, obviously, one reads on. PC Shaun Jenkins was the sort of upstanding individual Gwent residents would want and expect to be a part of their local police force, a recipient … Continue Reading
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