The Employment Appeals Tribunal has held that where a wronged employee rejected an offer of a new position, which would have addressed the difficulties which had given rise to her discrimination claim, she was not entitled to receive any compensation for loss of earnings.

What does this mean?

Courts and tribunals expect claimants to take reasonable steps to mitigate their losses. If they fail to do so they will ordinarily be deprived of compensation for any losses suffered as a consequence of their failure to take such steps as are reasonable.

What should employers do?

An employer who is faced with a claim may, in some instances, reduce the likelihood of having to pay compensation for loss of earnings by offering alternative employment to the employee in question. However note that in this case, the alternative employment was deemed ‘suitable’ for the claimant.