Faegre Drinker Biddle & Reath LLP, a Delaware limited liability partnership | This website contains attorney advertising.
May 31, 2011

Career Long Loss Awards Inappropriate if Claimant Likely To Find Equivalent Employment

The EAT held in Wardle v Credit Agricole Corporate and Investment Bank (a race discrimination claim) that career long loss should only be awarded up to the point in time when it was "at least possible", rather than certain, that an employee would secure an equivalent job. Losses beyond that date should be ignored.

Career long losses were held only to be appropriate in exceptional circumstances when an employee was unlikely ever to secure a similar job.  Whilst such awards will involve a certain level of speculation on the part of Tribunals, which therefore cannot make an award with absolute accuracy, it is helpful for employers to note that career long compensatory awards are considered the exception, rather than the rule.

The material contained in this communication is informational, general in nature and does not constitute legal advice. The material contained in this communication should not be relied upon or used without consulting a lawyer to consider your specific circumstances. This communication was published on the date specified and may not include any changes in the topics, laws, rules or regulations covered. Receipt of this communication does not establish an attorney-client relationship. In some jurisdictions, this communication may be considered attorney advertising.