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Unfair dismissal remedies: Housing benefit not deductible from compensatory award

This report relates to 1 case(s)

In assessing an unfairly dismissed employee's loss for the purposes of calculating her compensatory award, an industrial tribunal was wrong to take into account housing benefit which she received following her dismissal, holds the EAT in Savage v Saxena [1998] IRLR 182.The EAT also holds that the tribunal erred in making no award for loss of earnings on the ground that the employee had failed to mitigate her loss because she had not made any serious attempt to seek alternative employment. A blanket reduction of 100% was not consistent with the proper legal principles on mitigation.