Mitigation of loss: Refusing re-employment offer was a failure to mitigate loss

In Wilding v British Telecommunications plc [2002] IRLR 524, the Court of Appeal upholds a decision by an employment tribunal that, by refusing an offer of part-time re-employment, an employee who had been unfairly dismissed and discriminated against on the ground of his disability had thereby failed to mitigate his loss. In circumstances where the employee had stated that he wanted to continue working only on a part-time basis, and had then changed his mind, consideration of the stated reasons for this change of mind was a legitimate part of the tribunal's assessment of the reasonableness of the refusal, and did not mean that it failed to apply the proper objective test.