Roofdec Ltd v O'Keefe - Percentage reduction inappropriate in mitigation of loss calculation [2008] EAT
Mr O'Keefe was awarded £34,614 unfair dismissal compensation by an employment tribunal at Sheffield. The calculation included a 10 per cent reduction in respect of Mr O'Keefe's failure to mitigate his loss up to the date of the hearing.
The employer, Roofdec Ltd, argued that the deduction had been calculated on the wrong basis and should have been considerably greater.
Roofdec won. The correct principle, whether in relation to past or future loss, is
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