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Employment tribunal mitigation statement template

Why you need the mitigation statement template

Your mitigation statement tells the Employment Tribunal about your job search efforts and financial situation after dismissal. If you are claiming compensation for lost earnings, then section 123(4) of the Employment Rights Act 1996 expects you to mitigate your loss. This means that you have a duty to try and find another job as soon as possible and apply for all state benefits that you are entitled to. This does not mean that the Employment Tribunal will penalise you for not finding a job, but you have to show that you have made reasonable efforts to find another job.

If the Employment Tribunal finds that you have failed to make all reasonable efforts to find another job, the amount of your compensation may be reduced.  It is really imperative that you provide a good mitigation statement with supporting evidence about the efforts you have made. You can go back into meducation, or start self -employment. If you are ill, then the employment tribunal will not expect you to be looking for work, but you need to back it up. This template and guidance notes helps you to collate the right information and evidence needed in support of your statement of mitigation.

 

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Why you must mitigate your loss

Mitigation of loss is an area of law that limits the amount of compensation that you are entitled to. Your compensation is made up of loss of earnings. The law says that you cannot sit back and let the compensation accrue and then recover all the money from your employer. You must take reasonable steps to avoid avoidable loss. The employment tribunal wants to see that you have been actively trying to sort yourself out. In a nutshell, mitigation of loss wants you to take reasonable steps to minimise your loss and to avoid taking unreasonable steps that increase your loss.

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Mitigation of loss

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