Case - Fletcher-Cooke v. The Governors of Hampton School

UKEAT/0366/06, Employment Appeal Tribunal - Jane McNeill QC

The appellant employee appealed and the respondent employer cross-appealed against the award of compensation by an employment tribunal for disability discrimination, including dismissal.  The appellant, who suffered from bipolar disorder, had been a teacher. His award had included a sum for four years' loss of earnings until the end of August 2007. The respondent contended that the tribunal had found on a balance of probabilities that he would obtain new employment by August 2007, but it should have used a percentage chance test rather than a balance of probabilities test. The appellant contended that the tribunal had applied the wrong test in determining whether the respondent had taken reasonable steps to mitigate his loss.

Appeal dismissed, cross-appeal dismissed.

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