Mr S Nunns v SBH Windermere Limited and Mr A Wilson

The EAT held the tribunal should have considered mitigation through other benefits and remitted compensation to the same tribunal. It rejected the challenge to reconsideration.

The Employment Appeal Tribunal has allowed an appeal in part in the case of SBH Windermere Limited and Mr A Wilson v Mr S Nunns. It held the tribunal should have considered whether the claimant should have mitigated loss by seeking other benefits.

The employment tribunal had upheld several complaints of harassment. On reconsideration it increased compensation from £35,656 to £43,044 after taking account of the £16,000 Universal Credit cap.