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19 November 2009
Issue: 7394 / Categories: Legal News
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Tribunals must account for stigma

Court of Appeal rules financial loss should include stigma from bringing discrimination claim

Employment tribunals should take into account the stigma of bringing a discrimination claim when assessing financial loss, the Court of Appeal has held.

In Chaggers v Abbey National, the employment tribunal upheld Abbey National employee Balbinder Chaggers’ claim that his selection for redundancy was motivated by race. He was awarded £2.79m on the premise he would never again be able to find employment in his chosen field of the financial services industry.

Abbey contended that Chaggers would have been made redundant anyway, and that they should not be held responsible for the stigma attached to legal claims by others.

Chaggers countered that he should be compensated for the full loss of the discrimination. He claimed he was discriminated against by potential employers because of the stigma of bringing a claim, the length of time he was unemployed, the issue surrounding his departure and the fact he was applying for jobs that would normally be filled internally.

In an important ruling on the

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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