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Career long loss exceptional

19 May 2011 #Employment


The Court of Appeal has held in Wardle v Credit Agricole Corporate and Investment Bank (2011), that tribunals should assess future loss of earnings up to the point when an employee is likely to secure an equivalent job.  Assessment of career-long compensation will not be appropriate except where there is no real prospect of the employee ever obtaining an equivalent job.  This may not produce an accurate result as things turn out, but it is the best that can be done to achieve finality in law.

After unsuccessfully applying for a promotion, the Claimant brought a race discrimination claim on the grounds of his nationality (the successful candidate was French).  Shortly afterwards, he was summarily dismissed.  The Claimant brought further claims for unfair dismissal and victimisation.   The Tribunal upheld his claims.  When compensation came to be assessed it was awarded on the basis that there was an 80% chance that he would have left his employment in any event at a certain future date.

Elias LJ, giving the leading judgement, stated that the tribunal was wrong to assess the Claimant`s loss by reference to his whole career.  Career long loss should only be awarded in exceptional circumstances. 
 

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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