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Employment Tribunal Mitigation Statement Template

The Employment Tribunal or your employer may ask you for your statement of mitigation. This template helps you to prepare your evidence, and present your statement of mitigation appropriately and show the Employment Tribunal that you have taken the reasonable steps required.

See: Mitigation Of Loss (Employment Tribunal Procedure)


    Your mitigation statement tells the Employment Tribunal about your job search efforts and financial situation after dismissal. If you are claiming compensation for lost earnings, then section 123(4) of the Employment Rights Act 1996 expects you to mitigate your loss. This means that you have a duty to try and find another job as soon as possible and apply for all state benefits that you are entitled to. This does not mean that the Employment Tribunal will penalise you for not finding a job, but you have to show that you have made reasonable efforts to find another job.

    If the Employment Tribunal finds that you have failed to make all reasonable efforts to find another job, the amount of your compensation may be reduced.  This means that providing a good mitigation statement with supporting evidence is very important to the amount of compensation you get.

    This template and guidance notes helps you to collate the right information and evidence needed in support of your statement of mitigation.

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