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Allarburn Farm Dairy Ltd v Johnston - Mitigation of loss by not returning to job [2006] EAT

Mr Johnston won an unfair dismissal claim and was awarded compensation. The employer accepted that he had been unfairly dismissed but appealed to the EAT on the basis that it had been open to Mr Johnston to return to his old job and that the tribunal should therefore have considered whether he had failed to mitigate his loss by not doing so.

The EAT were satisfied that the tribunal had failed to consider the question of mitigation and remitted the case back to the same Tribunal to consider the mitigation point and if appropriate to adjust the compensation award accordingly.

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