Claimant v Ms C Ritchie and Ms J Perkins t/a D R James & Son
Outcome
Individual claims
The tribunal found at the liability hearing on 28-29 January 2025 that the respondents had unfairly dismissed the claimant, though with a 10% contributory conduct reduction. This remedy hearing determined the quantum of compensation.
Facts
The claimant worked for the respondent legal partnership from November 2021 to March 2024, earning £398.67 gross per week. She was unfairly dismissed and found new employment at Pulse gym from 13 May 2024 in an administration role, initially working limited hours due to mental health impact from the dismissal. By late October 2024, she had obtained two part-time roles that together exceeded her previous earnings.
Decision
The tribunal awarded a basic award of £1,196.01 and a compensatory award of £7,457.83 (after a 10% contributory conduct reduction). Losses were calculated until 31 October 2024 when the claimant fully mitigated her losses. The tribunal accepted the claimant's evidence that mental health issues prevented her from working more hours initially and rejected the respondent's argument that she had failed to mitigate.
Practical note
Tribunals must not be too stringent when assessing mitigation of loss, and medical evidence is not always required where a claimant gives credible evidence about mental health impact affecting their ability to obtain suitable work following dismissal.
Award breakdown
Award equivalent: 21.7 weeks' gross pay
Adjustments
10% reduction applied to compensatory award for contributory conduct of the claimant as determined at the liability hearing
Legal authorities cited
Statutes
Case details
- Case number
- 6008751/2024
- Decision date
- 29 January 2025
- Hearing type
- remedy
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- legal services
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Salary band
- £20,000–£25,000
- Service
- 2 years
Claimant representation
- Represented
- Yes
- Rep type
- barrister