Wardle v Credit Agricole Corporate and Investment Bank 201112 May 2011
Discrimination: compensation for future losses
The Court of Appeal has handed down its decision in the case of Wardle v Credit Agricole Corporate and Investment Bank, which is authority for the proposition that when calculating future losses, tribunals should assess the loss suffered up to a certain point in time when an employee would be likely to secure another job on similar terms, rather than award compensation up to the point when there was certainty that the employee would secure another job on equivalent terms. However, losses after that date should be ignored. The tribunal’s prediction may not be accurate but this is the best that can be achieved to bring ‘finality’ to the assessment of compensation for future loss.
The claimant unsuccessfully applied for promotion. He then brought a claim for discrimination on the grounds of his nationality. Shortly after this, he was dismissed. He issued a further claim for unfair dismissal and victimisation. The Tribunal upheld his claims and he was awarded compensation for loss on the basis that there was an 80% chance that he would have left his employment in any event at a certain point in time.
LJ Elias concluded that career long loss should only be awarded in exceptional circumstances and that the Tribunal’s approach to the assessment of compensation for future loss over the claimant’s career was flawed.
He also confirmed that disregarding the SDDP would not justify an uplift of 50% and that the maximum uplift should only be applied in the most serious cases.