Wilding v British Telecommunications Plc [2002] EWCA Civ 349 (19 March 2002)

Wilding v British Telecommunications Plc [2002] EWCA Civ 349 (19 March 2002)

The Tribunal correctly applied the objective legal test for mitigation, considering all relevant circumstances including the claimant's reasons and state of mind. The refusal of the offer of re-employment was found to be unreasonable, and the Tribunal's decision was within the range of permissible conclusions. The appeal was dismissed.

Citation
[2002] EWCA Civ 349
Parties
Appellant: David Wilding; Respondent: British Telecommunications Plc
Jurisdiction
England and Wales
Judgment Date
19 March 2002
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Mitigation of Loss, Remedies in Employment, Reasonable Adjustments
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Mitigation of Loss Remedies in Employment Reasonable Adjustments

Case Brief

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Parties

David Wilding

Appellant

British Telecommunications Plc

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the appellant unreasonably failed to mitigate his loss by refusing an offer of re-employment from the respondent
  2. 2 Whether the Employment Tribunal applied the correct legal test in assessing mitigation
  3. 3 Whether the respondent's offer of re-employment was genuine and reasonable

Ratio Decidendi

The Tribunal correctly applied the objective legal test for mitigation, considering all relevant circumstances including the claimant's reasons and state of mind. The refusal of the offer of re-employment was found to be unreasonable, and the Tribunal's decision was within the range of permissible conclusions. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • No entitlement to further damages for loss of earnings due to failure to mitigate loss
  • No order as to aggravated damages