# The Iron and Steel (Compensation to Employees) Regulations 1968, Regulation 11: Factors to be considered in assessing loss or diminution of emoluments


(1) For the purpose of determining the amount of long-term compensation, if any, the loss or diminution of emoluments suffered by a person shall be regarded as the annual loss or diminution (if any) of net annual emoluments which he would have suffered had he taken all reasonable steps open to him to mitigate that loss or diminution, and in assessing the loss or diminution such of the following factors as are relevant to the particular case shall be taken into consideration:—
(a) the conditions upon which the person held the employment which he has lost or the emoluments of which have been lost or diminished, including in particular its security of tenure, whether by law or practice;
(b) the emoluments and other conditions, including security of tenure, whether by law or practice, of any work or employment undertaken by the person in place of the employment which he has lost;
(c) the period for which he might reasonably have been expected to have remained in the employment which he has lost, or to have remained in that employment without diminution of emoluments, as the case may be, but for the relevant event in consequence of which he has suffered the loss or diminution;
(d) the period for which he might reasonably have been expected to engage or remain in the work or employment undertaken in place of the employment which he has lost or the emoluments of which have been lost or diminished;
(e) the extent to which he has sought suitable employment or training for such employment and the emoluments which he might have acquired by accepting other suitable employment offered to him;
(f) all the other circumstances of the case.
(2) In ascertaining for the purposes of sub-paragraph (e) of paragraph (1) whether a person has been offered suitable employment, regulation 5(4) shall apply as it applies for the purposes of regulation 5.

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Source: https://www.legislation.gov.uk/uksi/1968/1170/regulation/11 (the official version)
Page: https://openlegislation.uk/iron-and-steel-compensation-to-employees-regulations-1968/regulation-11
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

