CJ v PC

CJ v PC

The tribunal was correct to apply ordinary mitigation principles to compensation for loss arising from termination of employment, including setting off sums earned in alternative employment; there is no legal distinction between compensation for forced retirement and termination. The Parry v Cleaver principle was not argued below and cannot be raised for the first time on appeal, as it would require reopening factual issues and is contrary to the principle of finality in litigation.

Parties
Appellant: CJ; Respondent: PC
Jurisdiction
England and Wales
Judgment Date
28 April 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Disability Discrimination, Victimisation, Remedies, Mitigation of Loss, Pension Compensation
Employment Law Discrimination Law Disability Discrimination Victimisation Remedies Mitigation of Loss Pension Compensation

Case Brief

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Parties

CJ

Appellant

PC

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by setting off ill-health retirement pension against loss of earnings
  2. 2 Whether the Parry v Cleaver principle should have been applied to exclude pension from mitigation
  3. 3 Whether sums earned in alternative employment should be deducted from compensation

Ratio Decidendi

The tribunal was correct to apply ordinary mitigation principles to compensation for loss arising from termination of employment, including setting off sums earned in alternative employment; there is no legal distinction between compensation for forced retirement and termination. The Parry v Cleaver principle was not argued below and cannot be raised for the first time on appeal, as it would require reopening factual issues and is contrary to the principle of finality in litigation.

Court Disposition

appeal dismissed

Orders

  • permission to appeal refused
  • no change to Employment Tribunal award