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Compensation in discrimination claims is awarded on the tortious measure of damages, the aim being to put the employee in the position he would have been in had the discrimination not taken place. Discrimination lifts the cap on unfair dismissal compensation. Where a claimant has failed to secure alternative equivalent employment by the time of the quantum hearing, the tribunal has to make a decision regarding when it considers the claimant’s loss will cease to accrue. This is inevitably a speculative exercise. This article considers the principles that tribunals should apply in considering whether to award career-long loss, and sets out some practical tips for employers to consider where career-long loss is a possibility.

Chagger v Abbey National

In 2009, the Court of Appeal considered career-long loss in the case of Chagger v Abbey National Plc and another [2009] EWCA Civ 1202, [2009] All ER (D) 168 (Nov). The original tribunal awarded the claimant over £2.7m,