Mitigation: When Can an Internal Job Offer Reduce the Level of Losses?
In Kelly v University of Southampton, the EAT found that Dr Kelly had failed to mitigate her loss as she did not apply for two vacant posts at the University, for which she was qualified. The EAT found that the Tribunal was entitled to rely on facts they had heard during the hearing - such as the length of time that she had worked at the University, the circumstances of her previous dismissal and her qualifications - to arrive at their conclusion that the Claimant would or was extremely likely to have been appointed to one of the posts.
This judgment reiterates the importance of ensuring that employees are provided with details of internal vacancies as part of any redundancy process.
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