News
Calculating future losses in discrimination cases
13 May 2011
A Court of Appeal judgment this week significantly impacts the way in which tribunals should set about calculating future losses in discrimination cases.In calculating future losses the loss should be assessed up to the point in time when an employee would have a better than evens chance of getting another job on similar terms, and losses after that date should be ignored: only in exceptional circumstances should a career long loss be entertained.
Rachel Dinely of Beachcroft LLP says the ruling (in Wardle v Credit Agricole Corporate and Investment Bank) gives some comfort to employers, and her assessment of the case can be found here.
The full judgement of the Court of Appeal is here, and the earlier EAT judgment is here. Be warned: both are pretty hard reading!