Practical Ways in Which Employers Can Reduce Quantum at Hearing

When defending employment claims, either before Rights Commissioners, the Employment Appeals Tribunal/Equality Tribunal and/or the Courts, employers should always give consideration, in advance of the hearing, to arguments that can be made to mitigate, in so far as possible, the level of quantum that might be awarded to the employee.


Mitigation

Such arguments can, of course, be made at hearing without prejudice to an employer’s full defence of the substantive claims made by the employee.

Mitigation is seen as a powerful legal principle that provides the employer an avenue to pay lesser, or no, compensation to the employee.

Most importantly, employers should note that all employees who allege