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Glasgow City Council v Rayton - Tribunal's decision on failure to mitigate was perverse [2008] EAT

An employment tribunal found that Mr Rayton had been unfairly dismissed. In a remedies hearing 4 years after the dismissal date. the tribunal held that Mr Rayton had failed to mitigate his loss. He now had a low paid job but could have looked for work with other local authorities. The tribunal ruled that compensation should be assessed by reference to four year period up to the date of the remedies hearing, but not further. Glasgow Council appealed.

Glasgow won the appeal. The EAT remitted the case for a fresh remedies hearing.

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