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Law for Business

Knowhow - guidance - precedents

11 SEP 2012

Re-employment by dismissing employer

In Debique v Ministry of Defence, the EAT held that as part of a claimant's duty to mitigate his or her losses, s/he must consider offers of new employment from the employer who dismissed him or her.

Ms Debique was a former soldier, who had left the army and succeeded in a claim of indirect sex and race discrimination against them, for not providing childcare or taking steps to secure relaxation of immigration policies. The tribunal in that case had made an injury to feelings award but had decided not to award her anything in respect of loss of earnings because she had turned down an alternative job offer made by the Army during her notice period. The EAT upheld the tribunal's decision that it had been unreasonable for Ms Debique to turn down the job offer. It held that it was a question of fact for a tribunal to decide in the circumstances what constituted an unreasonable failure to mitigate loss.

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