CJ v PC (DISABILITY DISCRIMINATION) [2024] EAT 182 (22 October 2024)

CJ v PC (DISABILITY DISCRIMINATION) [2024] EAT 182 (22 October 2024)

The tribunal did not err in law by applying the duty to mitigate loss and setting off sums earned in alternative employment. Although the tribunal erred by not applying Parry v Cleaver regarding the pension, the claimant is not permitted to raise this new point on appeal as it was not argued below and would require reopening factual issues, contrary to the principle of finality in litigation.

Citation
[2024] EAT 182
Parties
Appellant: CJ; Respondent: PC
Jurisdiction
United Kingdom
Judgment Date
22 October 2024
Procedural Posture
Employment Appeal Tribunal / Appeal Against Remedy Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Victimisation, Compensation, Mitigation of Loss, Pension Rights
Employment Law Equality Law Disability Discrimination Victimisation Compensation Mitigation of Loss Pension Rights

Case Brief

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Parties

CJ

Appellant

PC

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Remedy Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in setting off ill-health retirement pension against loss of earnings contrary to Parry v Cleaver principle
  2. 2 Whether the claimant was under a duty to mitigate loss by seeking alternative employment after forced retirement
  3. 3 Whether sums earned in alternative employment should be deducted from compensation

Ratio Decidendi

The tribunal did not err in law by applying the duty to mitigate loss and setting off sums earned in alternative employment. Although the tribunal erred by not applying Parry v Cleaver regarding the pension, the claimant is not permitted to raise this new point on appeal as it was not argued below and would require reopening factual issues, contrary to the principle of finality in litigation.

Court Disposition

Appeal dismissed

Orders

  • Permission to appeal refused
  • No change to the Employment Tribunal's remedy judgment