Harris v Tennis Together Ltd - Mitigation of loss [2009] EAT

When considering whether a wrongfully dismissed employee failed to fulfil his duty to mitigate his loss by rejecting an offer of continued employment with the same employer, the fact that he was wrongfully dismissed is a matter to be taken into account but is not determinative.

An employment tribunal had found that Tennis Together Ltd had failed to give its financial director, Mr Harris, proper notice (3 months) of termination of his employment contract. The tribunal therefore found in favour of Mr Harris who had claimed for wrongful dismissal.