Mitigation of Losses Template

If you’re making a Tribunal claim, you need to consider how you’re going to show you’ve mitigated your losses. Use our template to make this easy!

  • A document template to keep a record of and demonstrate your mitigation of losses.
  • Option to include a Peace of Mind check and a guided walkthrough with a Valla coach to ensure your document is professional and taken seriously.
  • Downloadable document in .doc and .pdf formats.
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Helping you translate what happened into legal claims

A step-by-step guide through the process of translating issues into the language of legal claims, flagging important legal tests you need to consider.

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Heading: What is this claim for?

Remember, you can make more than one claim for the same events. In fact, it’s very common in tribunal cases to bring multiple related claims. Once you finish this claim just add another.

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IN THE SOUTH LONDON EMPLOYMENT TRIBUNAL BETWEEN:

Agnieszka Nowak
Claimant

and

Thomspon Motors Ltd.
Respondent

PARTICULARS OF CLAIM / PAPER APART

The Claimant
1. I was employed by the respondent as a Car salesperson. My employment with the Respondent terminated on Feb. 16, 2023. The reason I left my role was due to resignation.

Ensuring your claim is taken seriously

A professional-looking document and form filled out in the way the Tribunal wants it, reducing the risk of your claim being rejected.

Reviewed by a legal coach

Your document reviewed by legal expert giving you peace of mind that your Tribunal claim has the best chance of success.

Heading: Request a peace of mind check

We’ll send a copy of your document to the Valla team.
Their responses will be sent by email to angie.nowak@vmail.com.

Review notes (optional)
If you have any questions or instructions for the reviewer, add them here.

Why use mitigation of losses:

In the Employment Tribunal, you have a duty to reduce the financial losses you have experienced. For example if you have lost your job, you should conduct a search for a new job or get medical evidence to show why you have not done so. Otherwise, the Tribunal may reduce the amount of compensation it awards.

Examples of when mitigation of losses apply:

If you’re claiming compensation for financial losses, you’ll need to show mitigation of losses in your Employment Tribunal case. Here are a couple of examples of this happening:

Example

Reuben is making a claim for unfair dismissal.

Since his dismissal 10 months ago, he’s been unable to find another full-time job, although he’s recently started working as a delivery driver which is bringing in a small amount of income. He’s applied for 9 jobs since he was dismissed, but has been unsuccessful.

Reuben keeps note of his efforts to find new work and the earnings he’s had, using our mitigation of losses template.

Example

Ximena is making a claim for disability discrimination and constructive dismissal.

She is claiming that she’s lost 12 months’ worth of wages as a result of being constructively dismissed. She applied for a few jobs shortly after resigning but was unsuccessful. She then fell ill which meant she was unable to continue looking for roles.

Ximena keeps note of her job applications and responses, and the evidence around her sickness, using our mitigation of losses template.

Example

How to show your mitigation of losses for an Employment Tribunal:

As soon as possible when you make an Employment Tribunal claim, start thinking about how you can mitigate your losses and demonstrate to the Tribunal that you’ve tried to do this. You should:  

  1. create the template
  2. keep the template updated throughout your Tribunal case
  3. send the document and evidence to the Respondent at the disclosure stage
  4. make sure there is a copy in the Hearing Bundle
  5. refer the Tribunal to this if you win your case, to help them to decide how much compensation to award to you.
Example

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