The EAT has upheld the decision of the employment tribunal that employees who were unfairly dismissed on a TUPE transfer had not unreasonably failed to mitigate their loss by rejecting a transferee’s offer of self employment on less favourable terms. In this case, the duty to mitigate did not fall upon the employees as the offers had been made prior to the date of dismissal.

Key point

Employees failing to accept less favourable terms prior to a TUPE transfer do not fail to mitigate their loss should they later claim unfair dismissal.

F and G Cleaners Limited v Saddington and Another