In an unfair dismissal whistleblowing claim, if the employee secures alternative employment which then comes to an end (through no fault of the individual), does this break the chain of causation?

As set out in Q&A: An unfairly dismissed employee is under a duty to make reasonable efforts to obtain alternative employment to minimise, or 'mitigate', his losses. Generally, any Earnings he receives from a new job will be set off against any losses claimed. Similarly, any sums received from his employer, such as notice pay or ex gratia payments, will generally be set off against losses.

For further information, see Practice Note: The Unfair dismissal compensatory award, in particular the sections headed Reduction for failure to mitigate and Deductions for sums received.

In Whelan v Richardson, the EAT set out some general observations for employment tribunals to follow when assessing compensation in general:

1. •

   each case must depend upon its own facts

2. •

   employment tribunals are charged with doing justice between the parties

3. •

   compensation is to be assessed in such a way as to compensate the employee, not penalise