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.