||All England Reporter
|| All ER (D) 278 (Mar)
|| EWCA Civ 349
||Court of Appeal, Civil Division
Potter, Brooke and Sedley LJJ
||Laura Cox QC and John Horan (instructed by Russell Jones & Walker) for the employee.
||David Bean QC and Philip Thornton (instructed by Group Legal Services, British Telecommunications plc) for the employer.
||19 March 2002
Unfair dismissal - Compensation - Mitigation of loss - Employee refusing offer of re-employment by employer - Employment tribunal finding employee failing to mitigate loss - Whether tribunal having to apply objective test.
In deciding whether an employee had mitigated his loss when he had turned down an offer by an employer to re-employ him, the ultimate question for an employment tribunal was whether it had been shown that the claimant had acted unreasonably in turning down the offer, taking into account the history and all the circumstances of the case, including the claimant's state of mind.
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